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CR.MA/1629/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1629 of 2011
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DHIRUBHAI
MOHANJIBHAI VISPARA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance :
MR
HARSHIT S TOLIA for Applicant(s) : 1,MR PARTH S TOLIA for
Applicant(s) : 1,
MR AJ DESAI APP for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 04/03/2011
ORAL
ORDER
Learned
counsel appearing for the applicants submits that one of the
co-accused was enlarged on bail by this Court and the matter between
the parties on civil side has resulted into an amicable settlement.
It is further submitted that the applicant will not
flee from justice and will cooperate with the investigation as and
when called for. It is further submitted that in view of the above,
the applicant may be enlarged on bail.
Heard
learned APP for the respondent – State.
Having
heard learned counsel for the parties and perusing the record of the
case and taking into consideration the facts of the case, nature of
allegations, role attributed to the accused and punishment
prescribed for the alleged offences,
without discussing the evidence in detail, at this stage, I am
inclined to enlarge the applicant on bail in connection with
C.R.No.I-179/2010 of Rajkot Taluka Police Station for the offences
punishable under sections 406, 420, 419, 465, 467, 468, 471 &
120(B) of the Indian Penal Code, on furnishing bond of Rs.10,000/-
(Rupees ten thousand only) with one surety of the like amount to the
satisfaction of the lower Court and on conditions that the applicant
shall :
[a] not take
undue advantage of liberty or abuse liberty;
[b] not act in
a manner injurious to the interest of the prosecution;
[c] maintain
law and order;
[d] mark
presence before the concerned Police Station on every 1st
and 15th day of English Calender month between 11.00 a.m.
and 2 p.m .
[e] not leave
the State of Gujarat without prior permission of the Sessions Judge
concerned;
[f] furnish the
address of residence at the time of execution of the bond and shall
not change the residence without prior permission of this Court;
[g] surrender
passport, if any, to the Lower Court immediately.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
Bail
before the Lower Court having jurisdiction to try the case.
Rule
is made absolute. Direct service is permitted.
[Anant
S. Dave, J.]
*pvv
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