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CR.MA/5729/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5729 of 2011
=========================================================
SANJAY
KANUBHAI VASAVA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
YJ PATEL for
Applicant(s) : 1,
MR RC KODEKAR ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 11/05/2011
ORAL ORDER
Rule.
Learned APP, Mr Kodekar, waives service of notice of rule for and on
behalf of State.
This
is an application under Section 439 of Criminal Procedure Code
praying for regular bail in connection with offence registered with
Sinor Police Station, Dist. Vadodara vide C.R.No.I-14 of 2010 for
the offences punishable under Sections 363, 366, 376, 506(2) read
with Section 114 of IPC.
Heard
learned advocate Mr YJ Patel for the applicant-accused and Mr
Kodekar, learned APP for the State. Perused the FIR and papers of the
chargesheet.
Considering
the role ascribed to the applicant-accused and the nature of
allegations levelled against the applicant-accused in the FIR, I am
persuaded to exercise my discretion in favour of the
applicant-accused taking into consideration the following aspects :-
(1) There
are no allegations against the applicant-accused so far as the
offence punishable under Section 376 IPC is concerned;
(2) The
accused-applicant has been arraigned in the present case as an
abettor. He is stated to have abetted the commission of offence by
providing his vehicle- Maruti Van in which the main accused and the
prosecutrix has been stated to have fled away.
(3) Investigation
is over and chargesheet is filed;
In
this view of the matter, the accused-applicant is ordered
to be released on bail in connection with offence registered with
Sinor Police Station, District: Vadodara being C.R.No.I-14 of 2010 on
his executing a bond in the sum of Rs.25,000/- (Rupees Twenty five
thousand only) with one surety of the like amount to the satisfaction
of the lower Court and subject to the conditions that he shall,
not
take undue advantage of his liberty or abuse his liberty;
not
act in a manner injurious to the interest of the prosecution;
maintain
law and order;
mark
his presence before the concerned Police Station on every 2nd
and 4th Sunday of every month between 10:00 am to 2:00
pm:
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
shall
not enter village Damnagar, Taluka Sinor till the conclusion of the
trial;
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;
surrender
his 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.
Bail
before the Lower Court having jurisdiction to try the case.
Rule
is made absolute. Application is disposed of accordingly.
Direct
service is permitted.
(J.B.PARDIWALA,
J.)
zgs/-
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