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CR.MA/943/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 943 of
2010
=========================================================
MANUBHAI
ALIAS MANILAL MANGALBHAI DABHI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MANOJ SHRIMALI for
Applicant(s) : 1,
MR DC SEJPAL ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date : 08/03/2010
ORAL ORDER
This
is an application preferred under section 439 of the Code of
Criminal Procedure, 1973 by the applicant who has been arrested in
connection with I-C.R.No.193 of 2009 registered at Kathlal Police
Station for the offences punishable under sections 457, 380 and 511
of Indian Penal Code.
On
perusal of the papers and the role attributed to the applicant, the
applicant made an attempt to commit theft of T.V. and considering
the aforesaid aspect and the police papers and the fact that save
and except aforesaid overtact, no other overt act is attributed to
the applicant, I am of the view that the applicant deserves to be
granted bail.
For
the foregoing reasons, the application is allowed and the applicant
is ordered to be enlarged on regular bail in connection with
I-C.R.No.193 of 2009 registered at Kathlal Police Station on
executing a bond of Rs.10,000/- (Rupees Ten Thousand Only) with one
surety of the like amount to the satisfaction of the Trial 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]
surrender his passport, if any, to the lower Court within a week;
[d]
not leave the State of Gujarat without the prior permission of the
Sessions Court concerned;
[e]
mark his presence at the concerned Police Station on any day of
every first week of English calender month between 9.00 AM and 2.00
PM till the trial is over;
[f] 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 his
residence without prior permission of this Court;
[g] maintain
law and order.
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.
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 petitioner on bail.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(H.B.ANTANI,
J.)
Amit/-
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