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CR.MA/13805/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13805 of 2010
=================================================
MOD.
RAFIK FAKIRMAHMAD MEMAN & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance :
MR
VIJAY H NANGESH for Applicant(s) : 1 - 3.
MR KARTIK PANDYA APP for
Respondent(s) : 1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 26/11/2010
ORAL
ORDER
Rule.
Learned APP, waives service of notice of Rule for respondent –
State.
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
CR No.I 211/2010 with Vijapur Town Police Station, for the offences
punishable under Sections 420, 406, 114 etc. of the Indian Penal
Code.
The
learned counsel for the applicant submits that
even bare perusal of the complaint does not inspire confidence and
considering the nature of offece and the punishment prescribed, this
application for bail may kindly be considered.
The
learned Additional Public Prosecutor has opposed grant of bail
looking to the nature and gravity of offence.
In
the facts and circumstances of the case and considering the nature
of allegations and and the punishment prescribed, without
discussing the evidence in detail, prima facie, this Court
is of the opinion that this is a fit case to exercise the discretion
to enlarge the applicant on bail.
In
the facts and circumstances of the case, the application is allowed
and the applicants are ordered to be released on bail in connection
with first information report registered at C.R. No.I 211/2010
registered with Vijapur Town Police Station, on executing bond of
Rs.5,000/- (Rupees Five thousand only) each with one surety of the
like amount to the satisfaction of the trial Court and subject to
the conditions that they shall;
not
take undue advantage of liberty or misuse liberty;
not
act in a manner injurious to the interest of the prosecution;
surrender
their passport, if any, to the lower court within a week;
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
mark
their presence at the concerned police station on the first Sunday
of every month between 10.00 a.m. and 3.00 p.m. till the trial is
commenced;
furnish
the present address of residences to the I.O. 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;
The
Authorities will release the applicants only if they are not
required in connection with any other offence for the time being.
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.
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. D.S. Permitted.
(ANANT
S. DAVE, J.)
*pvv
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