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CR.MA/685/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 685 of
2011
=========================================================
AJAYSINH
PRAVINSINH VADHER - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MS.
KRUTI M SHAH for
Applicant(s) : 1,
MR DC SEJPAL, ASST. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 03/02/2011
ORAL
ORDER
1. Learned
Counsel for the petitioner submitted that, even, as per the case of
the prosecution, the petitioner is not directly involved in the
offence of murder, punishable under Section-302 of the Indian Penal
Code. The petitioner comes into picture after the incident took
place. He is stated to have helped the main accused in escaping from
the hospital, after taking the treatment. She, further, pointed out
that a co-accused, under somewhat similar circumstances, has been
released on bail, by an order of this Court, dated 13.01.2011.
2. In
addition to the submissions made above, I have also perused the
allegations, against the petitioner, made in the complaint and also
considering the role attributed to him by the investigating agency
and when a co-accused, with
somewhat similar allegations, has been released on bail, I see no
reason to deny parity to the present petitioner.
Under the circumstances, the petitioner is ordered to be released on
bail in connection with C.R.
NO. I-231/2010,
registered with SALABATPURA
POLICE STATION, Surat,
for the offences punishable under Sections-452, 342, 302, 114 and 188
of the Indian Penal Code, on his furnishing bond of
Rs.20,000/-(Rupees Twenty Thousand), with one surety of the like
amount to the satisfaction of the lower Court and subject to the
conditions that, he shall:
(1). not take undue
advantage of his liberty or abuse his liberty;
(2). not act in a
manner injurious to the interest of the prosecution;
(3). maintain law and
order;
(4). mark his presence
before the concerned Police Station on every 1st and 15th
day of English Calendar month between 11:00 a.m. to 2:00 p.m.;
(5). not leave the
State of Gujarat without prior permission of the Sessions Judge
concerned;
(6). 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;
(7). surrender his
passport, if any, to the Lower Court immediately.
3. If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
4. Bail
before the Lower Court having jurisdiction to try the case.
5. Rule
is made absolute. Direct service is permitted.
(AKIL
KURESHI, J.)
Umesh/
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