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CR.MA/6792/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6792 of 2011
=========================================================
ASHIF
ABDULAJIJ SHAIKH (SAMOL) - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
IMRAN H PATHAN for
Applicant(s) : 1,
MR R C KODEKAR ADDL PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 13/05/2011
ORAL
ORDER
Rule.
Mr.R C Kodekar, learned Addl. Public Prosecutor for the State waives
the service of notice of Rule.
Learned
Counsel for the petitioner submitted that investigation is over;
charge-sheet is filed and maximum punishment prescribed is for five
years which is otherwise bailable offence.
In addition to above
prima-facie aspect of the matter, I have perused the nature of
allegations against the petitioner in the FIR as well as punishment
prescribed for the offence in question. I am of the opinion that
petitioner is required to be granted bail. Petitioner is ordered to
be released on bail in connection with Crime Register No.II-55 of
2011 of Savli Police Station, Dist:Vadodara (Rural) 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) not leave 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 will not change
the residence without prior permission of this Court;
g) mark his presence before
concerned Police Station once on every 1st day of English
calendar month between 9.00 a.m. and 2.00 p.m.
h) surrender his 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
issue warrant or to take appropriate action in the matter.
Bail
before the lower Court having jurisdiction to try the case.
Rule
is made absolute. Direct Service is permitted.
(AKIL KURESHI, J.)
sompura
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