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CR.MA/10197/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10197 of 2011
To
CRIMINAL
MISC.APPLICATION No. 10199 of 2011
=========================================
KAMLESHBHAI
KANTILAL MEHTA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR YS LAKHANI
SR. ADV. with MR PS GONDALIYA for M/S S G
ASSOCIATES for Applicant(s) : 1,
MS MANISHA L SHAH ADDL. PUBLIC
PROSECUTOR for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 26/07/2011
ORAL
ORDER
Learned
advocate for the applicant submits that charge-sheet is filed and at
the most a statement of co-accused is against the applicant, Office
Superintendent of the faculty who is alleged to have committed the
crime. Beyond that nothing surfaces against the applicant who on the
contrary moved the authority bringing it to the notice about the
alleged commission of the crime. It is further submitted that
co-accused is enlarged on bail and by imposing suitable conditions
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. Nos. I-23 of 2011, 43 of 2011 and 376 of 2010
with Raopura Police Station, Sayajiganj Police Station and Fateganj
Police Station, District Vadodara respectively, on his furnishing
bond of Rs. 5000/-(Rupees Five Thousand) in each applications 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 in each of the application to the aforesaid extent.
D.S. Permitted.
(ANANT
S. DAVE, J.)
//smita//
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