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CR.MA/3830/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3830 of 2011
=================================================
MOIN
MUSTUFAMIYA SHAIKH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=================================================
Appearance :
MR
CB GUPTA for Applicant(s) : 1,
MR AJ DESAI APP for Respondent(s) :
1,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 31/03/2011
ORAL
ORDER
Learned
counsel appearing for the applicant submits that investigation is
over and charge sheet is filed.
It is further submitted that the applicant is attributed with
inflicting fist and kick blows while cause of death is injury on
thigh caused by sword and knife used by one Shabbirmiya and another
co-accused and not by the applicant. It is further submitted
that the applicant has roots in the society and will
not flee from justice. It is further submitted that by imposing
suitable conditions, the applicant may be enlarged on bail.
Heard
learned APP for the respondent – State.
Having
heard learned counsel for the parties and perusing the record of the
case and taking into consideration the facts of the case, nature of
allegations, role attributed to the accused and punishment
prescribed for the alleged offences coupled with the fact that
charge sheet is filed, without discussing the evidence in
detail, at this stage, I am inclined to enlarge the applicant on
bail in connection with C.R.No.I-116/2010 of Shahpur Police Station
for the offences punishable under sections 302, 323, 324, 114 of
the Indian Penal Code and under section 135(1) of Bombay Police Act,
on furnishing bond of Rs.10,000/- (Rupees ten thousand only) with
one surety of the like amount to the satisfaction of the lower Court
and on conditions that the applicant shall :
[a] not take
undue advantage of liberty or abuse liberty;
[b] not act in
a manner injurious to the interest of the prosecution;
[c] maintain
law and order;
[d] mark
presence before the concerned Police Station on every 1st
and 15th day of English Calender month between 11.00 a.m.
and 2 p.m .
[e] not leave
the State of Gujarat without prior permission of the Sessions Judge
concerned;
[f] furnish the
address of residence at the time of execution of the bond and shall
not change the residence without prior permission of this Court;
[g] surrender
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. Direct service is permitted.
[Anant
S. Dave, J.]
*pvv
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