Gujarat High Court Case Information System
Print
CR.MA/6490/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6490 of 2011
=========================================================
KAMLESH
@ KARSHAN @ KAMO JIVABHAI MAKWANA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MP SHAH for
Applicant(s) : 1, MS. KRUTI M
SHAH for Applicant(s) : 1,
MR JK SHAH, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 12/05/2011
ORAL
ORDER
RULE.
Learned APP Mr.Shah waives service of rule for and on behalf of the
State.
This
Application has been filed under Section 439 of the Code of Criminal
Procedure, praying for regular bail, in connection with I-CR
No.24/2010 registered with Sheth-Vadara Police Station, District
Jamnagar, for the offences punishable under Sections 307, 323, 504,
506(2), 120B of the Indian Penal Code.
Heard
learned advocate Ms.Kruti M.Shah for the applicant-accused and
learned APP Mr.J.K.Shah for the State.
Having
regard to the rival contentions of the respective counsel, I am
persuaded to exercise discretion in favour of the applicant-accused,
taking into consideration the following aspects :-
the
investigation is over;
charge-sheet
is filed;
injured
is discharged long time back from the hospital;
there
is no other antecedents; and
the
applicant-accused is a permanent resident of Jamnagar city and is in
jail since 24th December 2010.
In
this view of the matter, the applicant-accused Kamlesh @ Karshan @
Kamo Jivabhai Makwana is ordered to be released on bail in
connection with I-CR No.24/2010 registered with Sheth-Vadara Police
Station, District Jamnagar, for the offences punishable under
Sections 307, 323, 504, 506(2), 120B of the Indian Penal Code, on his
executing bond in the sum of Rs.15,000=00 (Rupees Fifteen Thousand
Only) with one solvent 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 or misuse the liberty;
(b)
maintain law and order and should co-operate with the investigating
officer;
(c)
not act in a manner injurious to the interest of the prosecution;
(d)
surrender his passport, if any, to the lower court within a week;
(e)
not leave the local limits of the State of Gujarat without prior
permission of the Sessions Judge concerned;
(f)
shall mark his presence before the concerned Police Station twice in
a month on every 2nd and 4th Sunday till the
filing of the charge-sheet;
(g)
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.
The
authorities will release the applicant only if he is not required in
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.
Rule
made absolute. Direct service is permitted.
(J.B.Pardiwala,
J.)
/moin
Top