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CR.MA/8523/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8523 of 2011
=============================================
SANJAY
@ CHOTUBHAI KALUBHAI RATHOD - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=============================================
Appearance
:
MR AB GATESHANIYA for
Applicant(s) : 1,
MS MANISHA L SHAH ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 27/06/2011
ORAL
ORDER
Rule.
Learned APP, waives service of rule on behalf of respondent-State.
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
CR No.I-23 of 2011 registered with Lakhtar Police Station, District:
Surendranagar, for the offences punishable under Sections 326, 323,
504, 506(2) and 114 of the Indian Penal Code.
Learned
advocate for the applicant submits that considering the nature of
allegations, role attributed and punishment prescribed and by
imposing suitable conditions the applicant may be enlarged on bail.
Considering
the above prima facie aspects of the matter and looking to the injury
and offences under section 326, without discussing in detail about
the evidence, I find this is a fit case for granting bail. Under the
circumstances, the applicant is ordered to be released on bail in
connection with CR No.I-23 of 2011 registered with Lakhtar Police
Station, District: Surendranagar, on his furnishing bond of Rs.
5000/-(Rupees Five Thousand) with one surety of like amount to the
satisfaction of the lower Court and subject to following conditions :
not
take undue advantage of his liberty or abuse his liberty;
not
act in a manner injurious to the interest of the prosecution;
maintain
law and order;
mark
his presence before the concerned Police Station on every 1st
and 15th day of English Calendar month between 11:00 am
to 2:00 pm:
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
furnish
the address of his residence at the time of execution of the bond
and shall not change the residence without prior permission of this
Court;
surrender
his passport, if any, to the Lower Court immediately.
The
Authorities will release the applicant only if not required in
connection with any other offence for the time being.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or 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 applicant on bail.
Rule
is made absolute to the aforesaid extent. D.S. Permitted.
(ANANT
S. DAVE, J.)
//smita//
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