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CR.MA/15990/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 15990 of
2010
=========================================================
AYUB
HAYDER SHAIKH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
HARDIK A DAVE for
Applicant(s) : 1,
MR DC SEJPAL, ASST. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 24/01/2011
ORAL
ORDER
1. This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with the first information report registered
as Ist C.R. No. 151/2010, registered with Pune/Puna Police Station,
Surat for the offences punishable under Sections-302 and 114 of the
Indian Penal Code.
2. Learned
Advocate for the applicant, Shri. Hardik A. Dave, submitted that the
charge-sheet is filed and considering the role attributed to the
applicant, he may be enlarged on bail, by imposing suitable
conditions.
3. Heard learned APP
for the the respondent-State, who opposed the grant of bail
looking to the nature and gravity of the offence.
4. Having heard learned
counsel for the parties and having perused the material on record
and taking into consideration the facts and circumstances of the
case, nature of allegations, role attributed to the accused and
punishment prescribed for the alleged offences, I am inclined to
enlarge the applicant on bail, by imposing suitable conditions.
5. Learned counsel for
the parties do not press for further reasoned order.
6. In the facts and
circumstances of the case, the application is allowed and the
applicant is ordered to be released on bail in connection with Ist
C.R. No. 151/2010, registered
with PUNE/PUNA POLICE STATION, SURAT on
executing a bond of Rs.5,000/- (Rupees Five Thousand only) with one
surety 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 liberty or misuse liberty;
(b) not act in a manner
injurious to the interest of the prosecution;
(c) surrender passport,
if any, to the lower court within a week;
(d) not leave the State
of Gujarat without prior permission of the Sessions Judge concerned;
(e) mark presence at the
concerned police station on the first Sunday of every month between
10.00 a.m. and 3.00 p.m., till the trial commences;
(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 the same without
prior permission of this Court;
7. The
Authorities will release the applicant only if not required in
connection with any other offence for the time being.
8. If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or take appropriate
action in the matter.
9. Bail
bond to be executed before the lower court having jurisdiction to try
the case.
10. 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.
11. Rule
is made absolute to the aforesaid extent. D.S. Permitted.
(ANANT
S. DAVE, J.)
Umesh/
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