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CR.MA/3882/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3882 of 2010
=========================================
BAGHABHAI
BAVABHAI PAREKHIYA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
KAMAL M SOJITRA for the Applicant.
Mr. Devang Vyas, Additional
PUBLIC PROSECUTOR for the
Respondent.
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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 in connection with FIR registered as CR
No.I-63 of 2009 registered with Rajula Police Station, District:
Amreli for the offences punishable under Sections 302, 379, 201, 212
and 114 of the Indian Penal Code.
Heard learned
advocate Mr.K.M.Sojitra for the petitioner and Mr. Devang Vyas,
learned Additional Public Prosecutor at length and in great detail.
I have also perused the averments made in the application as well as
the FIR produced on the record. I have also considered the role
attributed to the applicant as reflected in the FIR as well as in the
police papers. Statements of the witnesses are also perused by me. I
have also taken into consideration the provisions of Section 439 of
the Criminal Procedure Code,quantum of punishment, gravity of the
offence and the nature of the offence in which the applicant is
involved. Considering the above, I am of the view that the petitioner
is required to be enlarged on regular bail at this stage, without
discussing the evidence in detail.
In the facts
and circumstances of the case, the application is allowed and the
petitioner is ordered to be enlarged on bail in connection with CR
No.I-63 of 2009 registered at Rajula Police Station on executing a
bond of Rs.10,000/- [Rupees ten 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 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] not leave
the State of Gujarat without the prior permission of the Sessions
court concerned;
[e] mark his
presence at the concerned Police Station on any day of first week of
every English calendar month between 9.00 AM and 2.00 PM. 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 petitioner on bail.
Rule is made
absolute to the aforesaid extent.
Direct Service
is permitted.
(H.B.ANTANI,
J.)
***vcdarji
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