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CR.MA/12261/2008 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12261 of 2008
======================================================
SHIVAJI
BABUJI THAKOR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================================
Appearance
:
MR HD CHUDASAMA for
Applicant(s) : 1,
MR RC KODEKAR, APP for Respondent(s) :
1,
======================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 24/09/2008
ORAL
ORDER
1. RULE.
Shri R.C. Kodekar, learned
Additional Public Prosecutor waives service of rule for the
respondent.
2. The
present application is filed by the applicant-one of the accused
under Section 439 of the Code of Criminal Procedure for releasing him
on bail in connection with criminal complaint being M. Case No.
20/2008 registered with Satellite Police Station, Ahmedabad for the
offences punishable under Sections 323, 420, 467, 468, 471, 294(A),
504, 506(2), 120(B) and 34 of the Indian Penal Code.
3. Shri
Chudasma, learned advocate appearing on behalf of the applicant has
submitted that other co-accused have already been released on bail by
this Court. It is also further submitted that in fact the applicant
was granted anticipatory bail by this Court, however, by mistake and
through oversight, regular bail application was not submitted within
a period of ten days from the date of arrest and, therefore, the
learned trial Court rejected the application of the applicant.
Considering the above, it is requested to consider the case of the
applicant.
4. Having
heard the learned advocates for the respective parties and
considering the impugned order passed by the learned trial Court and
the F.I.R. and considering the fact that the applicant was granted
anticipatory bail by this Court, however, for some reason, he did not
submit an application for regular bail within a period of ten days,
and considering the fact that other co-accused have already been
released on bail by this Court, the application of the applicant
deserves to be considered.
5. Considering
the submissions made on behalf of the parties and having regard to
the circumstances and facts of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with M Case No. 20/2008 registered with Satellite Police Station,
Ahmedabad on his executing a
bond of Rs.5,000/- (Rupees 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 ;
(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) maintain
law and order;
(d) mark
his presence before concerned Police Station on 1st and
15th of every English calendar month between 9.00 a.m.
and 2.00 p.m. for a period of three months.
(e) not
lave the State of Gujarat without the prior permission of the
Sessions Court concerned;
(f) 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;
(g) surrender
his passport, if any, to the lower Court within a week.
6. 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.
7. Bail
before the lower Court having jurisdiction to try the case.
8. Rule
is made absolute. Direct Service is permitted.
(M.R.
SHAH, J.)
siji
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