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CR.MA/14999/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14999 of 2010
=========================================
CHAVDA
AMIT @ LALO BHIKHUBHA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR NIKHIL D
JOSHI for
Applicant(s) : 1,
MR KARTIK PANDYA, APP for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 13/12/2010
ORAL ORDER
1. RULE.
Mr Kartik Pandya, learned APP waives service of notice of rule for
the respondent State.
2. This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with First Information Report registered at
CR No. I 99 of 2010 with Kadi Police Station for the offences
punishable under Sections 379 and 114 of the Indian Penal Code.
3. Mr
Nikhil D Joshi, learned advocate appearing for the applicant submits
that on the basis of statement of the co-accused, the applicant is in
judicial custody
since 01.10.2010 and the offences are triable by the Magistrate.
Besides the applicant is suffering from various ailments and
suspected of HIV positive and also enlargement of lever.
4. Heard
Mr Kartik Pandya, learned APP for the respondent State.
5. Having
heard learned counsel for the parties and considering the above
aspects, I am inclined to enlarge the applicant on bail.
6. In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with First Information Report registered at CR No. I 99 of 2010
with Kadi Police Station, on executing 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 liberty or misuse 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 prior permission of the Sessions Judge
concerned;
(e) mark his
presence at the concerned Police Station on the first Sunday of every
month between 10.00 a.m and 03.00 p.m for three months only;
(f) furnish the
present address/es of residence/s to the Investigating Officer and
also to the Court at the time of execution of the bond and shall not
change the residence without prior permission of this Court;
7. The
authorities will release the applicant only if he is not required in
connection with any other offence for the time being.
8. 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.
9. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
10. 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.
11. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
[Anant
S. Dave, J.]
mrpandya
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