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CR.MA/3911/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3911 of 2010
=========================================================
TINO
@ JAYESH BHIMJIBHAI CHAVDA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MB PARIKH for
Applicant(s) : 1,
MR DEVANG VYAS, ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 20/04/2010
ORAL
ORDER
Rule.
Mr. Devang Vyas, learned APP waives service of Rule on behalf of the
opponent State.
Having
regard to the facts and circumstances of the case, the application is
taken up for hearing today.
Considering
the submissions canvassed by the learned counsel of both the sides
and on perusal of the reasons assigned by the learned Judge while
cancelling the bail of the applicant by order dated 15.3.2010 passed
in Criminal Misc. Application No. 111 of 2010 below exh.5, I am of
the view that the applicant requires to be enlarged on bail as prayed
for in para-15[A] of the application.
For the
foregoing reasons, the application is allowed and the applicant is
ordered to be enlarged on bail in connection with I-CR No. 53 of 2005
registered with Amreli City Police Station and in connection with
Sessions Case No. 35 of 2006 pending before the learned Sessions
Judge, Amreli, 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
presence before the trial court on each date of the Sessions Case,
without fail.
[f] 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 applicant on bail.
Rule is
made absolute to the aforesaid extent.
Direct
service is permitted.
[H.B.
Antani, J.]
pirzada/-
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