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CR.MA/3456/2010 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3456 of 2010
=====================================================
ABDULBHAI
TAJUBHAI DAL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=====================================================
Appearance
:
MR
VISHWAS S DAVE for Applicant(s) : 1,
MR DEVANG VYAS ADDITIONAL
PUBLIC PROSECUTOR for Respondent(s) :
1,
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 27/04/2010
ORAL
ORDER
This
application is preferred under Section 439 of the Code of Criminal
Procedure for regular bail by the applicant, who has been arrested in
connection with CR No. I – 1 of 2010 registered with Gariyadhar
Police Station for the offences punishable under Sections 307 of the
Indian Penal Code and Section 135 of the Bombay Police Act.
I
have heard the learned advocate for the applicant and learned APP for
the respondent State at length and in great detail. I have
considered the role attributed to the applicant as reflected in the
FIR as well as police papers. The injury certificate produced by the
learned APP is taken into consideration by me. The injured was given
knife blow and the injured after sustaining injury, was admitted in
the hospital and subsequently, discharged from the hospital. However,
considering the role attributed to the applicant, I am of the view
that the applicant deserves to be enlarged on bail at this stage on
stringent conditions, without entering into the merits of the case
and without discussing the evidence in detail.
For
the foregoing reasons, the application is allowed and the applicant
is ordered to be enlarged on bail in connection with C.R. No. I – 1
of 2010 registered with Gariyadhar Police Station, on executing a
bond of Rs.10,000/- [Rupees ten thousand only] with one surety of the
like amount to the satisfaction of the trial court and subject to the
conditions that he shall:
[a] not
take undue advantage of his liberty or abuse his liberty;
[b] not
act in a manner injurious to the interest of the prosecution;
[c] surrender
his passport, if any, to the lower court within a week;
[d] not
leave the State of Gujarat without the prior permission of the
Sessions court concerned;
[e] mark
his presence at the concerned Police Station twice in a month i.e. on
1st and 15th of each English calendar month
between 9.00 AM and 2.00 PM. till the trial is over;
(f) not
to enter into the limits of Khodvadari village, Taluka : Gariyadhar,
District : Bhavnagar.
(g)
furnish the present address of his residence to the I.O. and also to
the Court at the time of execution of the bond and shall not change
his residence without prior permission of this Court;
[h] maintain
law and order.
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.
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.
(H.B.ANTANI,
J.)
ynvyas
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