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CR.MA/15512/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 15512 of 2010
======================================
SANDIPKUMARSINGH
S/O HARENDRASINGH KURMI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance
:
MR JAYESH A DAVE for
Applicant(s) : 1,
Ms Krina Calla, Addl. PUBLIC PROSECUTOR for
Respondent(s) : 1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 28/12/2010
ORAL
ORDER
1.
Rule.
Mr. learned APP, waives service of notice of Rule for respondent –
State.
2. This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered
being CR No.I- 47 of 2010 with Mandvi Police Station, for the
offences punishable under Sections 302, 394, 34 of the Indian Penal
Code.
3. Mr. J
A Dave, learned counsel appearing for the applicant submits that
two co-accused have been enlarged on bail by the Coordinate Bench of
this Court vide order dated 22.9.2010 passed in Criminal Misc.
Application No. 10787 of 2010, on the ground of parity, present
application may kindly be allowed.
4. Heard
learned APP for the respondent – State who opposed grant of
bail to the applicant looking to the nature of offence and submitted
that as the deceased was having money he was taken to movie and
thereafter his dead body was found. She referred to the statement
of witnesses and submitted that the application may not be allowed.
5. 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 and since the co-accused have been enlarged
by the Coordinate Bench of this court, on the ground of parity, I am
inclined to enlarge the applicant on bail.
Learned
counsel for the parties do not press for further reasoned order.
.
6. In the
facts and circumstances of the case, the application is allowed and
the applicant is ordered to be released on bail in connection with
first information report registered being C.R. No.I – 47 of 2010
with Mandvi Police Station on executing a bond of Rs.5,000/-
(Rupees Five thousand only) with one surety of the like amount to the
satisfaction of the trial Court and subject to the conditions that he
shall;
not
take undue advantage of liberty or misuse liberty;
not
act in a manner injurious to the interest of the prosecution;
surrender
passport, if any, to the lower court within a week;
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
mark
presence at the concerned police station on the first Sunday of
every month between 10.00 a.m. and 3.00 p.m. for three months only;
furnish
the present address of his residence to the I.O. and also to the
Court at the time of execution of the bond and shall not change the
residence without prior permission of this Court;
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 to the aforesaid extent. D.S. Permitted.
(ANANT
S. DAVE, J.)
msp
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