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CR.MA/9802/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9802 of 2011
=========================================================
JAYRAMBHAI
ALIAS JAYESHBHAI HAJABHAI BHARWAD - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
TEJAS P SATTA for
Applicant(s) : 1,
Ms.Manisha L Shah, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 21/07/2011
ORAL
ORDER
1. This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with First Information Report registered as
I-C.R.No.33/2011 with Tarapur Police Station for the offences
punishable under Sections 147, 148, 149, 447, 307 and 504 of Indian
Penal Code.
2. Learned
counsel appearing for the applicants submits that the
applicant is alleged to have used stick on the informant and not on
the deceased and co-accused have been released on bail by this Court
and considering the aspect of parity, by imposing suitable
conditions, the applicant may be enlarged on bail.
3. Heard
learned APP Ms.Manisha L Shah for the respondent-State.
4. Having
heard learned counsels for the parties and perusing the record of the
case and taking into consideration the facts of the case, nature of
allegations, role attributed to the applicant, by imposing suitable
conditions, I deem it just and proper to enlarge the applicant on
bail.
5. Learned
counsels for the parties do not press for further reasoned order.
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 as I-C.R.No.33/2011 with
Tarapur Police Station, on executing a bond of Rs.5,000/- (Rupees
Five 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
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
presence at the concerned Police Station on first Sunday of every
month between 10.00 a.m. to 3.00 P.M. for three months only;
(f) furnish
the present address of his residence 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 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 will be free to issue warrant or take appropriate action in the
matter.
7. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
8. 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.
9. Rule
is made absolute. Direct service permitted.
(
Anant S Dave, J )
srilatha
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