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CR.MA/12876/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12876 of 2010
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SANJAY
@ SANJU UTTAMCHAND AGRAWAL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance :
MR
BA SHIGROHA for Applicant(s) : 1,
MR KARTIK PANDYA APP for
Respondent(s) : 1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 03/12/2010
ORAL
ORDER
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
CR No.I 57 with Baroda Town Police Station, for the offences
punishable under Sections 394 of the Indian Penal Code.
Learned
counsel appearing for the applicant submits that considering the
nature of allegations, role attributed to the applicant coupled with
the fact that investigation is almost completed, the applicant may
be enlarged on bail.
Heard
learned APP for the respondent – State.
In
the facts and circumstances of the case and considering the nature
of allegations, without discussing the evidence in detail, prima
facie, this Court is of the opinion that this is a fit case to
exercise the discretion to enlarge the applicant on bail.
Learned
counsel for the parties do not press for further reasoned order.
In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with first information report registered at C.R. No.I 57 with Baroda
Town Police Station on executing a bond of Rs.5,000/- (Rupees Five
thousand only) with one surety of the like amount to the
satisfaction of the trial Court and subject to the conditions that
he shall;
not
take undue advantage of liberty or misuse liberty;
not
act in a manner injurious to the interest of the prosecution;
surrender
passport, if any, to the lower court within a week;
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
mark
presence at the concerned police station on the first Sunday of
every month between 10.00 a.m. and 3.00 p.m. till the trial is
commenced;
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 the
residence without prior permission of this Court;
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.)
*pvv
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