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CR.MA/2882/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2882 of 2011
=============================================
VIJAYBHAI
TEJABHAI DEGDA @ KANUDO TEJABHAI DEGDA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=============================================
Appearance
:
MR SATYAM Y CHHAYA for
Applicant(s) : 1,
MR AJ DESAI ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 14/03/2011
ORAL
ORDER
Rule.
Learned APP waives service of rule on behalf of respondent-State.
Learned
advocate for the applicant submits that investigation is over and
charge-sheet is filed. It is further submitted that the allegations
leveled against the other co-accused of causing serious injuries by
using weapon were enlarged on bail by the learned trial Judge and the
applicant herein is attributed with causing pipe blow on the
deceased. It is further submitted that against the order passed by
the learned trial Judge enlarging the co-accused on bail, no
application for cancellation of bail is preferred by the prosecution.
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 and on the
ground of parity also, the applicant may be enlarged on bail.
Considering
the above prima facie aspects of the matter, I find this is a fit
case for granting bail since charge-sheet is also filed. Under the
circumstances, the applicant is ordered to be released on bail in
connection with C.R. No.I-89 of 2010 with Jetpur City Police Station,
District: Rajkot, 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.
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. Application is disposed of accordingly.
Direct
service is permitted.
[ANANT
S. DAVE, J .]
//smita//
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