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CR.MA/13652/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13652 of 2010
======================================
AABID
IKBAL SAIYAD - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance :
MR
ASHWIN M SHUKLA for Applicant
Ms.
Krina Calla, APP, for respondent
No.1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 18/11/2010
ORAL
ORDER
Rule.
The learned APP waives service of rule on behalf of
respondent-State.
The
present application has been filed by the applicant for grant of
regular bail under Section 439 of Criminal Procedure Code in
connection with FIR being I-C.R.No. 201 of 2010 registered with
Gujarat University Police Station, for the offence punishable under
Sections 392 and 114 of Indian Penal Code.
Learned
advocate for the applicant submitted that it is a case of mobile
snatching and there is no recovery / discovery. Considering the
nature of offence, present application may kindly be allowed. He
further submits that the co-accused is already released on bail by
this Court by order dated 22.10.2010 in Criminal Misc. Application
No.12762 of 2010.
Learned
APP resisted the application.
Having
heard the learned advocate for the applicant and learned APP and
having considered the nature of offence and role attributed and on
the ground of parity, the present application deserves to be
allowed.
Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with FIR being I-C.R.No. 201
of 2010 registered with Gujarat University Police Station on his
executing a bond of Rs.5,000/- (Rupees Five Thousand) with one
solvent 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
to try to tamper or pressurize the prosecution witnesses or
complainant in any manner.
(c) not
act in any manner injurious to the interest of the prosecution.
(d) maintain
law and order and should cooperate the investigating officers.
(e) mark
his presence before concerned Police Station on 1st Monday
of every month between 11.00 AM to 2.00 PM till the charge-sheet is
filed.
(f) furnish
the 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
his residence without prior permission of the Court.
(g) surrender
his passport, if any, to the lower Court, within a week.
If
breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or take appropriate
action in the matter.
Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
Rule
is made absolute. Direct service permitted.
(ANANT
S. DAVE, J.)
(swamy)
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