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CR.MA/1139/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1139 of 2011
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ABDULGANIBHAI
NIZAMUDDIN SINDHI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance :
MS.
REKHA M PATEL for Applicant(s) : 1,
MR JK SHAH, ADDL.PUBLIC
PROSECUTOR for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 03/02/2011
ORAL
ORDER
Rule.
Learned APP Mr. J.K.Shah, waives service of rule on behalf of
respondent State.
Counsel
for the applicant submitted that the applicant, even as per the
investigating agency, was not the owner of the truck but he is
alleged to have driven the vehicle in which the grains of the
complainant were transported. He further submitted that the muddamal
articles have been seized. The applicant has no criminal antecedents.
He pointed that the FIR was lodged nearly 51 days after the alleged
incident.
Considering
the above prima facie aspects of the matter, the applicant is ordered
to be released on bail in connection with C.R. No. I-0045 of 2010
registered with Bayad Police Station on his furnishing bond of Rs.
10,000/-(Rupees Ten Thousand) with one surety of like amount to the
satisfaction of the lower Court and subject to following conditions :
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 Bayad Police Station on every 1st
and 15th day of English Calendar month between 11:00 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.
(Akil
Kureshi, J. )
sudhir
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