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CR.MA/3799/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3799 of 2010
=====================================================
ASHOK
GANESHBHAI JIVANI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=====================================================
Appearance
:
MR
MATAFER R PANDE for Applicant(s) : 1,
MR DC SEJPAL ADDITIONAL
PUBLIC PROSECUTOR for Respondent(s) :
1,
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 28/04/2010
ORAL
ORDER
This
application is preferred under Section 439 of the Code of Criminal
Procedure for regular bail by the applicant, who has been arrested in
connection with CR No.I – 4 of 2010 registered with Athwa Police
Station, Surat for the offences punishable under Sections 406, 420,
120(B) and 114 of the Indian Penal Code.
Considering
the role attributed to the applicant as can be seen from the FIR,
police papers and the provisions of under Sections 406, 420, 120(B)
and 114 of the Indian Penal Code, quantum of punishment, gravity of
offence and nature offence in which the applicant is involved, I am
of the view that the applicant deserves to be enlarged on bail at
this stage on stringent
conditions, without entering into the merits of the case and without
discussing the evidence in detail.
For
the foregoing reasons, the application is allowed and the applicant
is ordered to be enlarged on bail in connection with C.R. No. I – 4
of 2010 registered with Athwa Police Station on executing a bond of
Rs.20,000/- [Rupees twenty thousand only] with two sureties of the
like amount to the satisfaction of the trial 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]
surrender his passport, if any, to the lower court within a week;
[d]
mark his presence at the concerned Police Station twice in a month
i.e. on 1st and 15th of every English calendar
month between 9.00 AM and 2.00 PM. till the trial is over;
(e)
not to leave Surat City till the trial is over.
(f) furnish
the present address of his residence to the I.O. and also to the
Court at the time of execution of the bond and shall not change his
residence without prior permission of this Court;
[g]
maintain law and order.
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
bond to be executed before the lower Court having jurisdiction to try
the case.
At
the trial, the trial Court shall not be influenced by the
observations of preliminary nature, qua the evidence at this stage,
made by this Court while enlarging the applicant on bail.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(H.B.ANTANI,
J.)
ynvyas
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