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CR.MA/1620/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1620 of 2008
=========================================================
IRFAN
@ BODO ABDULBHAI PATHAN - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
SHAKEEL A QURESHI for
the Applicant.
Ms. Mita Panchal, Addl. PUBLIC
PROSECUTOR for the
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE DN PATEL
Date
: 07/03/2008
ORAL ORDER
Rule.
Learned Additional Public Prosecutor Ms. Mita Panchal waives
service of notice of Rule on behalf of the respondent-State.
2. This
application has been preferred for regular bail under Section 439 of
the Code of Criminal Procedure,1973, in connection with the offence
bearing C.R.No.I-462 of 2007 registered with Makarpura Police
Station under Sections 394, 395, 120-B and 114 of the Indian Penal
Code.
3. Having
heard the learned counsel for both the sides and looking to the facts
and circumstances of the case, statements of witnesses, gravity of
the offence, quantum of punishment, the manner in which the applicant
is involved in the offence, as per the allegations of the
prosecution, other co-accused have already been enlarged on bail,
coupled with the fact that the investigation is already over and
charge-sheet is filed and also keeping in mind the fact that there is
no antecedent of the present applicant, this application is allowed.
The applicant is ordered to be released on bail in connection with
the offence registered with Makarpura Police Station bearing
C.R.No.I-462 of 2007 on his executing a bond of Rs. 5000/- (Rs. Five
thousands only) with one surety of like amount to the satisfaction
of the lower Court and subject to the conditions that he shall,
(a) not take undue advantage of his
liberty or abuse his liberty;
(b) not act in a manner injurious to
the interest of the prosecution;
(c) maintain law and order;
(d) shall mark his presence before
Anand Town Police Station on every first day of English Calendar
month between 9.00 a.m. to 2.00 p.m.;
(e) not leave the State of Gujarat
without the prior permission of the Sessions Court concerned;
(f) 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;
(g) not enter into the revenue limit
of Vadodara District without prior permission of this Court, but for
attending the Court in connection with this case, he will be free to
enter the limits for a period to the extent necessary and will leave
the limits thereafter soon after the case is adjourned;
(h) surrender his passport, if any,
to the lower Court within a week.
4. If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or to take appropriate
action in the matter.
5. Bail
before the lower court having jurisdiction to try the case.
6. Rule
is made absolute. Direct service permitted.
(D.N.Patel,J)
***darji
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