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CR.MA/7640/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7640 of 2010
=========================================================
MAHESHBHAI
JIVANBHAI JAMOD - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
DIPEN K DAVE for
Applicant(s) : 1,MR LAXMANSINH M ZALA for Applicant(s) : 1,
MR HL
JANI, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 27/07/2010
ORAL
ORDER
The
present application is filed by the applicant under Section 439 of
the Code of Criminal Procedure, 1973, for enlarging him on regular
bail in connection with the offence being CR No. I – 12 of 2009
registered with DCB Police Station, Surat, for the offence u/s. 389
A,B,C, and 114 of the I.P. Code.
Heard
learned Advocate for the applicant and learned A.P.P. for the
respondent. I have also perused the papers produced before me. From
the papers it appears that there is no recovery or discovery from
the present applicant. Learned APP has vehemently opposed this
application. However, both the parties do not press for any reasoned
order.
Having
heard the learned Counsel for both the sides and looking to the
facts and circumstances of the case, statement of the witnesses,
gravity of the offence and quantum of punishment and also the fact
that now the charge-sheet is filed, I am inclined to grant bail to
the applicant.
Considering
the above, this Application is allowed. The applicant is ordered to
be released on bail in connection with CR No. I 12 of 2009
registered with DCB Police Station, Surat, for the offences alleged
against him in this application on executing a Bond of Rs.10,000/-
(Rupees ten thousand only) with one solvent surety of the like
amount to the satisfaction of the trial Court and subject to the
conditions that he shall –
a) not
take undue advantage of his liberty or abuse his liberty;
b) not
to try to tamper or pressurize the prosecution witnesses or
complainant in any manner;
c) maintain
law and order and shall cooperate the Investigating Officers;
d) not
act in a manner injurious to the interest of the prosecution;
e) not
leave the country without the prior permission of the concerned
Sessions Judge.
f) furnish
the address of his residence to the I.O. and also to the Court at the
time of execution of the bond and shall not change the residence
without prior permission of this Court;
h) surrender
his passport, if any, to the lower Court within a week.
i) mark
his presence on 15th of every English calender month
before the concerned Police Station till the trial against him is
completed.
If
breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or take appropriate
action in the matter.
Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
Rule
is made absolute. Direct service is permitted.
(Z.K.SAIYED,J.)
sas
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