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CR.MA/3152/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3152 of 2010
=========================================================
JIVABHAI
BECHARBHAI MARU - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
BM MANGUKIYA for
Applicant(s) : 1,MS BELA A PRAJAPATI for Applicant(s) : 1,
MR LB
DABHI, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 11/05/2010
ORAL
ORDER
1. Heard
Mr.Mangukiya, learned advocate for the applicant and Mr.L.B.Dabhi,
learned APP for the respondent-State.
2. It
appears from the record that the victim had earlier point of time
while her dying declaration was being recorded did not implicate the
applicant but subsequently implicated him in FIR. It also appears
that the dying declaration was recorded by Executive Magistrate.
3. In
view of the above, the application is required to be allowed and
accordingly it is allowed.
4. The
application is allowed and the applicant is ordered to be released on
bail in connection with Crime Register No.II – 146 of 2009 of
Palitana Town Police Station on his executing a bond of Rs.5,000/-
(Rupees five thousand) with one 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 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] not
leave India without prior permission of the Sessions Judge
concerned;
[e] furnish
the address of his residence at the time of execution of the bond
and shall not change his residence without prior permission of this
Court;
[f] surrender
his passport, if any, to the Lower Court, within a week.
5. 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.
6. Bail
before the Lower Court having jurisdiction to try the case.
7. Rule
is made absolute. Direct service is permitted.
[BANKIM
N.MEHTA, J.]
syed/
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