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CR.MA/6415/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6415 of 2011
=========================================================
NAVGHANBHAI
SHIVABHAI THAKOR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
PRAFULL B PATEL for Applicant(s) : 1,
MR JK SHAH APP for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 10/05/2011
ORAL
ORDER
Rule.
Learned APP, Mr.J.K.Shah, waives service of notice of rule on behalf
of State.
This
is an application under Section 439 of Code praying for regular bail
in connection with offence registered with Zinzuvada Police Station
vide C.R.No.I.12 of 2011 for the offences punishable under Sections
326, 324, 325, 323, 504, 506(2) and 114 of Indian Penal Code and U/s.
135 of the Bombay Police Act.
Heard
learned advocate Mr.P.B.Patel for the applicant and learned APP,
Mr.J.K.Shah, for the State.
Following
aspects are taken into consideration.
(A) All
offences are triable by Magistrate.
(B) The
injured is already discharged from Hospital. He is out of danger.
Maximum punishment which can be imposed by learned Magistrate, if at
all the offences are said to have been proved, would be upto 3
years.
Having
regard to the nature of accusation and other relevant aspects, I am
persuaded to exercise my discretion in favour of the
accused-applicant. Under the circumstances, accused-applicant is
ordered to be enlarged on regular bail in
connection with offence registered with Zinzuvada Police Station
being C.R.No.I.12 of 2011 on his executing a bond in the sum of
Rs.15,000/- (Rupees fifteen thousand only) with one surety of the
like amount to the satisfaction of the lower Court and subject to the
conditions that he shall:
not
take undue advantage of his liberty or abuse his liberty;
not
act in a manner injurious to the interest of the prosecution;
maintain
law and order;
mark
his presence before the concerned Police Station on every 2nd
and 4th Sunday of every month between 10:00 am to 2:00
pm:
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
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;
surrender
his passport, if any, to the Lower Court immediately.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
Bail
before the Lower Court having jurisdiction to try the case.
Rule
is made absolute. Application is disposed of accordingly.
Direct
service is permitted.
(J.B.PARDIWALA,
J.)
(ashish)
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