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CR.MA/7787/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7787 of 2011
=========================================================
VELU
MURGAN S/O PARTH SARTHI MUDHLIYAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
HB CHAMPAVAT for
Applicant(s) : 1,
MR LB DABHI APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 17/06/2011
ORAL
ORDER
Rule.
Mr.L.B. Dabhi, learned APP wavies service of notice of Rule on behalf
of the respondent-State.
The
applicant prays for regular bail in connection with the offences
registered with Palsana Police Station, District: Surat vide
C.R.No.I-33 of 2011 for the offences punishable under Sections 379,
467, 468, 471, 120(B) read with 114 of the Indian Penal Code and
Sections 26(1)(f), 41(1)(b), 52(1) and 61(a)(1) of the Indian Forest
Act.
I
have heard learned advocate Mr. H.B. Champavat for the applicant and
Mr.L.B. Dabhi, learned APP for the respondent-State.
In
the facts and circumstances of the case, I am persuaded to exercise
my discretion in favour of the accused -applicant taking into
consideration the following aspects:-
(i) All
offences are triable by the Magistrate
(ii) Investigation
is practically over
(iii) The
consignment of the wooden logs as well as vehicle has been seized
and has been in the custody of the concerned Police Station
(iv) There
are no past antecedents or criminal history of the
accused-applicant
Taking
into consideration the aforesaid prima facie aspects, I order release
of the accused – applicant on regular bail in connection with
offence registered with Palsana Police Station, District: Surat being
C.R.No.I-33 of 2011 on his executing a bond in the sum of Rs.20,000/-
(Rupees twenty thousand only) with one solvent surety of the like
amount to the satisfaction of the Lower Court and subject to the
conditions that he shall,
(a) not
take undue advantage of or misuse liberty;
(b) maintain
law and order and should co-operate with the Investigating
Officer;
(c)
not act in a manner injurious to the interest of the prosecution;
(d) surrender
his passport, if any, to the Lower Court within a week;
(e) shall
mark his presence before the concerned Police Station twice in a
month of every 2nd
and 4th
Sunday between 10:00 A.M. and 5:00 P.M. till the filing of
chargeshseet.
(f) not
leave the local limits of the State of Gujarat without prior
permission of the Sessions Judge concerned;
(g) 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.
(h) not
enter the Surat City till the filing of chargesheet.
The
authorities will release the applicant only if he is 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. This application is allowed.
Rule
is made absolute. Direct Service permitted.
(J.B.
Pardiwala, J.)
rakesh/
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