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CR.MA/1947/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1947 of 2011
=============================================
ABIDHUSSAIN
@ LALO S/O ABDULREHMAN QURESHI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=============================================
Appearance
:
MR GA PATHAN for Applicant(s) :
1,
MR AJ DESAI ADDL. PUBLIC PROSECUTOR for Respondent(s) :
1,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 17/02/2011
ORAL
ORDER
1. Rule.
Learned APP, waives service of notice of Rule for respondent –
State.
2. This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
CR No.I-417 of 2010 with Navrangpura Police Station, for the
offences punishable under Sections 392 and 114 of the Indian Penal
Code.
3. Learned
counsel appearing for the applicant submits that considering the
nature of evidence, role attributed to the applicant and punishment
prescribed and that the charge-sheet is filed, this application for
bail may kindly be considered.
4. Heard
learned APP for the respondent – State who opposed grant of
bail looking to the nature and gravity of offence.
5. Having
heard learned counsel for the parties and perusing the record of the
case and taking into consideration the facts of the case, nature of
allegations, role attributed to the accused and punishment prescribed
for the alleged offences, I am inclined to enlarge the applicant on
bail.
6. Learned
counsel for the parties do not press for further reasoned order.
7. In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with first information report registered at CR No.I-417 of 2010 with
Navrangpura Police Station, on executing a bond of Rs.5,000/- (Rupees
Five 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 liberty or misuse liberty;
(b) not
act in a manner injurious to the interest of the prosecution;
(c) surrender
passport, if any, to the lower court within a week;
(d) not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
(e) the
applicant will not enter the City limit of Ahmedabad and Ahmedabad
District for a period of three months;
(f) mark
presence at the concerned police station on the first Sunday of every
month between 10.00 a.m. and 3.00 p.m. for three months only;
(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 the
residence without prior permission of this Court;
8. The
Authorities will release the applicant only if not required in
connection with any other offence for the time being.
9. If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or take appropriate
action in the matter.
10. Bail
bond to be executed before the lower court having jurisdiction to try
the case.
11. 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.
12. Rule
is made absolute to the aforesaid extent. D.S. Permitted.
(ANANT
S. DAVE, J.)
//smita//
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