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CR.MA/9403/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9403 of 2011
=================================================
ANWAR
HUSAIN SAYANI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance :
MR
MANRAJ A BAROT for Applicant(s) : 1,
MS ML SHAH APP for
Respondent(s) : 1,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 19/07/2011
ORAL
ORDER
Learned
counsel appearing for the applicant submitted that investigation
is over and charge sheet is filed. It is further submitted
that the applicant is attributed to have given a `dhoka’ blow on the
injured, who came to be discharged from the hospital after a period
of 7 days. It is further submitted that considering
the nature of allegations and role attributed to the applicant, by
imposing suitable conditions, the applicant may be enlarged on
bail.
Heard
learned APP for the respondent – State.
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 coupled with the fact
that charge sheet is filed,
without discussing the evidence in detail, at this stage, I am
inclined to enlarge the applicant on bail in connection with
C.R.No.I-67/2011 of Jamnagar City `B’ Division Police Station for
the offences punishable under sections 307, 324, 323, 504 & 114
of the Indian Penal Code and under section 135(1) of the Bombay
Police Act, on furnishing bond of Rs.10,000/- (Rupees ten thousand
only) with one surety of the like amount to the satisfaction of the
lower Court and on conditions that the applicant shall :
[a] not take
undue advantage of liberty or abuse liberty;
[b] not act in
a manner injurious to the interest of the prosecution;
[c] maintain
law and order;
[d] mark
presence before the concerned Police Station on every 1st
and 15th day of English Calender month between 11.00 a.m.
and 2 p.m for three months;
[e] not leave
the State of Gujarat without prior permission of the Sessions Judge
concerned;
[f] furnish the
address of residence at the time of execution of the bond and shall
not change the residence without prior permission of this Court;
[g] surrender
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.
At
the trial, the trial court shall not be influenced by the prima
facie observations made by this Court while enlarging the applicant
on bail.
Bail
before the Lower Court having jurisdiction to try the case.
Rule
is made absolute. Direct service is permitted.
[Anant
S. Dave, J.]
*pvv
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