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CR.MA/9837/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9837 of 2010
=========================================
ABBASHMIYA
BAHADUR MIYA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR CHETAN B
RAVAL for
Applicant(s) : 1,
MR HL JANI, LD. ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 25/08/2010
ORAL
ORDER
Rule.
Mr.H.L. Jani, learned Additional Public Prosecutor, waives service
of Rule on behalf of the respondent-State.
This
application is filed by the applicant under Section 439 of the
Criminal Procedure Code, 1973 for releasing him on regular bail in
connection with the offences registered as C.R. No.I-53 of 2009
registered with Lalpur Police Station for the offences punishable
under Sections 457, 380 and 114 of the Indian Penal Code.
Heard
Mr.Chetan Raval, learned counsel for the applicant and Mr.H.L. Jani,
learned Additional Public Prosecutor, for the State.
Mr.Raval
has submitted that the applicant is innocent and has not committed
any offence. He has also contended that nothing is recovered from
the present applicant. He has further contended that the applicant
is falsely implicated in the present offence. He read the order
passed by the trial Court and prayed to release the applicant on
regular bail.
As
against this, Mr.Jani, learned Additional Public Prosecutor, has
strongly opposed the present application and read the order passed
by the trial Court.
I
have gone through the order passed by the trial Court as well as
papers produced on record of the case. Looking to the allegations
levelled against the applicant, I am inclined to release him on
regular bail.
Learned
counsel for the parties do not press for a reasoned order.
Considering
the submissions made on behalf of the parties and having regard to
the facts and circumstances of the case, the application is allowed
and applicant is ordered to be released on bail in connection with
C.R. No.I-53 of 2009 registered with Lalpur Police Station for the
offences alleged against him in this application on his executing a
bond of Rs.10,000/- (Rupees Ten Thousand Only) with one solvent
surety of the like amount to the satisfaction of the lower Court and
subject to the conditions that he shall,
(I) not
take undue advantage of his liberty or abuse his liberty;
(ii) not
act in a manner injurious to the prosecution;
(iii) not
leave the local limits of State of Gujarat without the prior
permission of the concerned Sessions Judge;
(iv) furnish
the present address of residence to the Investigating Officer as
well as to the Court at the time of furnishing bond and shall
not change his residence till further orders;
(v) mark
his presence before the Investigating Officer on 30th day
of every calender month between 09:00 a.m. and 02:00 p.m.;
(vi) Surrender
his passport, if any, to the lower Court within a week;
The
Authority will release the applicant only if he is not required in
connection with any other offence for the time being.
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
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.
Direct
Service is permitted.
(Z.
K. Saiyed, J)
Anup
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