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CR.MA/10097/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10097 of 2008
=========================================================
ARVINDJI
SARDARJI THAKORE - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MS
KRISHNA U MISHRA for Applicant(s) : 1,
MR RC
KODEKAR, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 24/09/2008
ORAL
ORDER
1. RULE. Shri R.C.
Kodekar, learned Additional Public Prosecutor waives service
of rule on behalf of the respondent.
2. The present application is filed by the
applicant-original accused under Section 439 of the Code of Criminal
Procedure for releasing him on bail in connection with criminal
complaint being C.R. No. I ? 18/2008 registered with Kalol Taluka
Police Station, Gandhinagar for the offences punishable under Section
363, 366, 376 and 114 of the Indian Penal Code.
3. Shri Sudhanshu Patel, learned advocate
appearing on behalf of the applicant has submitted that the
investigation is already concluded and the chargesheet is already
filed and even considering the statement of the prosecutrix, prima
facie, it is a case of consent and they moved from one place to
another place, and, therefore, the case of the applicant be
considered for bail.
4. Shri R.C. Kodekar, learned APP while
opposing the present application has submitted that looking to the
age of the girl, discretion may not be exercised in favour of the
applicant.
5. Having heard the learned advocates for the
respective parties and considering the fact that the investigation is
already concluded and chargesheet is already filed and even
considering the statement of the girl/prosecutrix, the application of
the applicant for bail deserves to be considered.
6. Considering the submissions made on behalf
of the parties and having regard to the circumstances and facts of
the case, the application is allowed and the applicant is ordered to
be released on bail in connection with Crime Register No. I ?
18/2008 registered with Kalol Taluka Police Station, Gandhinagar on
his executing a bond of Rs.5,000/- (Rupees Five Thousand only)
with one surety of the 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) mark his presence before concerned Police
Station on 1st and 15th of every English
calendar month between 9.00 a.m. and 2.00 p.m. for a period of six
months.
(e) not lave the State of Gujarat without the
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.
(h) not to enter District Gandhinagar for a
period of twelve months except for the purpose of trial.
7. 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.
8. Bail before the lower Court having
jurisdiction to try the case.
9. Rule is made absolute. Direct Service is
permitted.
(MR SHAH, J.)
siji
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