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SCR.A/2113/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 2113 of 2009
=========================================
GHANSHYAMBHAI
CHUNILAL PATEL - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================
Appearance
:
MR
JAL SOLI UNWALA for Applicant(s) : 1,MR AJ YAGNIK for Applicant(s) :
1,
MR HL JANI ADDITIONAL PUBLIC PROSECUTOR for Respondent(s) :
1,
RULE SERVED BY DS for Respondent(s) : 2,
MR SUDHANSHU S
PATEL for Respondent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 30/11/2010
ORAL
ORDER
By
way of this application, the applicant has prayed in para 7 (a) as
under :
“(a) Quash
and set aside the impugned order dated 8.10.2009 passed by the
learned Additional Sessions Judge, Fast Track Court No.3 at Mirzapur,
Ahmedabad (Rural) in Misc. Criminal Application No.825 of 2009 and
879 of 2009 and thereby be pleased to revive the order of grant of
bail dated 10.4.2008 at Annexure D granted by the learned Additional
Sessions Judge, Fast Track Court No.3 at Mirzapur, Ahmedabad (Rural)
in Misc. Criminal Application No.37 of 2008.”
It
is contended by the learned advocate for the applicant that the order
dated 10.4.2008 passed in Misc. Criminal Application No.825 of 2009
is stayed by this Court vide order dated 12.10.2009 and the grounds
for bail upon which the applicant was enlarged are required to be
considered in favour of the applicant.
I
have considered the submissions made by both the sides. At this
stage, this Court is not entering into the merits of the case. Hence,
looking to the facts and circumstances of the case, the applicant is
required to be granted bail on same bail bond with following
additional condition along with the conditions, already imposed by
the trial Courtat the time of releasing the applicant on bail :
That
the applicant shall not enter into the area of Kanbha Police Station
till further order.
The
application is allowed. Rule is made absolute.
(Z.K.SAIYED,J.)
ynvyas
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