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CR.MA/9643/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9643 of 2011
=================================================
MUKESH
@ BHOVO CHHAGANBHAI BHOI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=================================================
Appearance :
MR
VA MANSURI for Applicant(s) : 1,
MS ML SHAH APP for Respondent(s)
: 1,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 14/07/2011
ORAL
ORDER
Rule.
Learned APP waives service of rule.
Learned
counsel appearing for the applicant submits that investigation
is on the verge of investigation. It is further submitted that
nothing is recovered or discovered from the applicant and he was not
named in the FIR. It is further submitted that
considering the nature of allegations and role attributed to the
applicant, by imposing suitable conditions, the applicant may be
enlarged on bail.
Heard
learned APP for the respondent – State.
Having
heard learned counsel for the parties and perusing the record of the
case and taking into consideration the facts that investigation
is on the verge of investigation, nothing is recovered or discovered
from the applicant and he was not named in the FIR, without
discussing the evidence in detail, at this stage, I am inclined to
enlarge the applicant on bail in connection with C.R.No.I-71/2011
of Kathlal Police Station, Kathlal for the offences punishable under
sections 394, 114 of the Indian Penal Code, on furnishing bond of
Rs.10,000/- (Rupees ten thousand only) with one surety of the like
amount to the satisfaction of the lower Court and on conditions that
the applicant shall :
[a] not take
undue advantage of liberty or abuse liberty;
[b] not act in
a manner injurious to the interest of the prosecution;
[c] maintain
law and order;
[d] mark
presence before the concerned Police Station on every 1st
and 15th day of English Calender month between 11.00 a.m.
and 2 p.m for three months;
[e] not leave
the State of Gujarat without prior permission of the Sessions Judge
concerned;
[f] furnish the
address of residence at the time of execution of the bond and shall
not change the residence without prior permission of this Court;
[g] surrender
passport, if any, to the Lower Court immediately.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
At
the trial, the trial court shall not be influenced by the prima
facie observations made by this Court while enlarging the applicant
on bail.
Bail
before the Lower Court having jurisdiction to try the case.
Rule
is made absolute. Direct service is permitted.
[Anant
S. Dave, J.]
*pvv
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