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CR.MA/7256/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7256 of 2008
==========================================
MOHAMAD
IBRAHIM @ BHURO GULAM MOHAMMAD MEMON
Versus
STATE
OF GUJARAT
==========================================Appearance
:
MR CHETAN B
RAVAL for the Applicant
MR RC KODEKAR, ADDL
PUBLIC PROSECUTOR for the
Respondent
==========================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
Date
: 23/06/2008
ORAL
ORDER
1. RULE.
Mr. R.C. Kodekar, learned Additional Public Prosecutor waives
service of rule on behalf of the respondent State.
2. This
application has been preferred for regular bail under Section 439 of
the Code of Criminal Procedure, 1973, in connection with the offence
registered with Panigate Police Station, Vadodara bearing C.R.
No.I-77 of 2008 for the offences punishable under Sections 143, 147,
149, 332, 337, 395, 504, 506(2), 152, 153, 153(A), 295, 295(K), 435,
436 and 427 of the Indian Penal Code and Sections 3 and 7 of the
Public Property Damage Act.
3. Having
heard the learned counsel for both the sides and looking to the facts
and circumstances of the case, this application is allowed. The
applicant-original accused is ordered to be released on bail in
connection with the offence registered with Panigate Police Station
being C.R. No.I-77 of 2008 on his executing a bond of Rs. 5,000/-
(Rupees five thousand only) with one surety of like amount to the
satisfaction of the lower 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 ) maintain law and
order;
(d) shall mark his
presence before the concerned police station on every first day of
English Calendar month between 9.00 a.m. and 2.00 p.m.;
(e) not leave the State
of Gujarat without prior permission of the Sessions Court concerned;
(f) 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;
(g) surrender his
passport, if any, to the lower Court within a week.
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 before the
lower Court having jurisdiction to try the case.
6. Rule is made
absolute accordingly. Direct service is permitted.
(BHAGWATI
PRASAD, J.)
omkar
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