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CR.MA/1329020/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13290 of
2008
=========================================================
AZMATKHAN
RAHIMKHAN PATHAN - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
M/S
THAKKAR ASSOC. for
Applicant(s) : 1,
MR SP HASURKAR ASST. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 11/11/2008
ORAL
ORDER
1. RULE.
Mr. Hasurkar, learned APP waives the service of rule on behalf of
respondent-State.
2. The
applicant who has been arrested in connection with C.R. No. I-142 of
2008 by Mansa Police Station for the offences punishable under
Section 295(A), 429, 120-B and 114 of the I.P.C., Section 5, 6 and 8
of Animal Preservation Act and Section 11(1)(I) of Prevention of
Cruelty to Animals Act, has preferred this application seeking his
release on regular bail.
3. The
allegation against the applicant is that he along with other accused
persons slaughtered the cows and thereby committed the offences as
stated above.
4. Taking
into consideration the nature of offence, quantum of sentence and the
fact that the charge-sheet is filed, this application deserves to be
allowed.
5. Accordingly,
the application is allowed. The applicant is ordered to be released
on regular bail in connection with C.R. No. I-142 of 2008 registered
with Mansa Police Station for the offences alleged against him in
this application on his executing personal bond of Rs.20,000/-(Rupees
Twenty 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 misuse 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 the concerned Police Station on 1st
Monday of every month between 9:00 a.m. and 2:00 p.m till the trial
is over;
[e] not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
[f] furnish
the address of his residence to the I.O. 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.D.
Shah,J.)
Umesh/
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