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CR.MA/4636/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4636 of 2010
======================================
FEROZ
ABBASBHAI SHAIKH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance
:
MR JM PANCHAL for Applicant(s)
: 1
MR DC SEJPAL APP for Respondent(s) :
1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 10/05/2010
ORAL
ORDER
This
is an application preferred under section 439 of the Code of
Criminal Procedure, 1973 by the applicant who has been arrested in
connection with I-C.R.No.360 of 2009 registered at Sector-7,
Gandhinagar Police Station for the offences punishable under
sections 147, 148, 149, 302, 120(B) and 201 of Indian Penal Code.
Heard
learned advocate Mr.J.M.Panchal for the applicant and Mr.D.C.Sejpal,
learned APP for respondent State at length and in great detail.
Considering
the role attributed to the applicant as reflected in First
Information Report and the police papers, applicant has not
participated in the commission of alleged offence and not played any
overt act. Considering the aforesaid aspect as well as provisions of
sections 147, 148, 149, 302, 120(B) and 201 of Indian Penal Code,
quantum of punishment, gravity of offence, and since the co-accused
have been enlarged on bail by this Court vide order dated 12.04.2010
passed in Criminal Miscellaneous Application No.2592 of 2010 and
order dated 30.04.2010 passed in Criminal Miscellaneous Application
No.3703 of 2010, I am of the view that applicant also deserves to be
enlarged on bail.
For
the foregoing reasons, the application is allowed and the applicant
is ordered to be enlarged on regular bail in connection with
I-C.R.No.360 of 2009 registered at Sector-7, Gandhinagar Police
Station on executing a bond of Rs.10,000/- (Rupees Ten Thousand
Only) with one 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 act in a manner injurious to the interest of the prosecution;
[c]
surrender his passport, if any, to the lower Court within a week;
[d]
not leave the State of Gujarat without the prior permission of the
Sessions Court concerned;
[e]
mark his presence at the concerned Police Station on any day of
every first week of English calender month between 9.00 AM and 2.00
PM till the trial is over;
[f] furnish
the present 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 his
residence without prior permission of this Court;
[g] maintain
law and order.
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.
Bail
bond to be executed before the lower Court having jurisdiction to
try the case.
At
the trial, the Trial Court shall not be influenced by the
observations of preliminary nature, qua the evidence at this stage,
made by this Court while enlarging the petitioner on bail.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(H.B.ANTANI,
J.)
Amit/-
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