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CR.MA/13078/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13078 of
2008
=========================================================
KAMLESH
SHYAMLAL KANOJIYA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MATAFER R PANDE for
Applicant(s) : 1,
MR MR MENGDEY ASST. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 14/10/2008
ORAL
ORDER
1. RULE.
Mr. Mengdey, learned APP waives the service of rule on behalf of
respondent-State.
2. The
applicant, who has been arrested in connection with I-C.R. No. 376 of
2008 by Kapodara Police Station, District : Surat for the offences
punishable under Section 420 and 114 of the I.P.C. has preferred this
application seeking his release on regular bail.
3. The
allegation against the applicant is that he took Rs.7,300/- from the
complainant under the pretext of giving it to his relative, by giving
the complainant a bundle of papers wrapped in a handkerchief and then
run away with the aforesaid money and thereby committed the offences
as stated above.
4. Taking
into consideration the manner in which the entire incident took place
and the fact that the charge-sheet is field, this application
deserves to be allowed.
5. Accordingly,
the application is allowed. The applicant is ordered to be released
on regular bail in connection with I-C.R. No. 376 of 2008 registered
with Kapodara Police Station, District : Surat for the offences
alleged against him in this application on his executing personal
bond of Rs.25,000/-(Rupees Twenty Five Thousand Only)with one surety
of the like amount to the satisfaction of the lower Court and subject
to the conditions that he shall:-
[a] not take undue advantage of his liberty or misuse his
liberty;
[b] not
act in a manner injurious to the interest of the prosecution;
[c] maintain
law and order;
[d] mark
his presence before the concerned Police Station on 1st
Monday of every month between 9:00 a.m. And 2:00 p.m;
[e] not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
[f] furnish
the address of his residence to the I.O. at the time of execution
of the bond and shall not change the residence without prior
permission of this Court;
[g] surrender
his passport, if any, to the Lower Court, within a week.
6. If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or to take appropriate
action in the matter.
7. Bail
before the lower Court having jurisdiction to try the case.
8. Rule
is made absolute. Direct service is permitted.
(M.D.
Shah,J.)
Umesh/
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