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CR.MA/2722/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2722 of 2010
=========================================================
ABDULGANI
MOHMAD MOHAN - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
JM BUDDHBHATTI for
Applicant(s) : 1,
MR DEVANG VYAS APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 07/04/2010
ORAL
ORDER
1. This application is
preferred under Section 439 of the Code of Criminal Procedure, 1973
seeking regular bail by the applicant, who has been arrested in
connection with F.I.R. registered as C.R.No.I-253 of 2009 with Halol
Police Station, Panchmahals for the offence punishable under Sections
379 and 114 of the Indian Penal Code.
2. Considering the rival
submissions canvassed by the learned counsel for both the sides, role
attributed to the applicant which is reflected in the F.I.R. at
Annexure A to the application, police papers and since the muddamal
in question are already recovered in the matter, I am of the view
that the applicant deserves to be enlarged on bail.
3. 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-253 of 2009 registered with Halol Police Station,
Panchmahals 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 prior permission of the Sessions Court concerned;
[e] mark his presence at
the concerned police station on any day of first week of every
English calendar month between 9.00 AM and 2.00 PM. till the trial is
over;
[f] 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;
[g] maintain law and
order.
4. 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.
5. Bail bond to be
executed before the lower Court having jurisdiction to try the case.
6. 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.
7. Rule is made absolute
to the aforesaid extent. Direct service is permitted.
(H.B.
Antani, J.)
Hitesh
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