Gujarat High Court Case Information System
Print
CR.MA/3993/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3993 of 2010
=========================================================
BANDESHWARLAL
MOHANLAL BRAHMAN - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PRABHAV A MEHTA for
Applicant(s) : 1,
MR MAULIK NANAVATI, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 27/05/2010
ORAL
ORDER
1.
Rule. Mr.Nanavati, learned APP waives service of notice of rule on
behalf of the respondent-State.
2.
Heard learned counsel for the petitioners and learned APP for the
State.
3.
It is mainly argued by Mr.Mehta that the offence is bailable and the
charge sheet is filed. He further submitted that the maximum sentence
for the alleged offence is two years and / or fine.
4.
The petitioner is facing the charges for the offences punishable
under Sections 4(B) and 6 of the Explosive Substance Act, 1908 and
Sections 5, 9(B) 1(b) of the Explosive Act, 1884.
5.
Parties do not insist for reasoned order. Considering the facts and
circumstances of the case, this petition is allowed and the
petitioner is ordered to be released on bail in connection with Crime
Register No.II 3015 of 2010 registered at Amirgadh Police
Station, District Banaskantha for the offence alleged against him in
this petition on his executing bond of Rs. 5,000/- (Rupees five
thousand only) each with one each 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 liberty or abuse liberty;
b)
maintain law and order;
c)
not act in a manner injurious to the interest of the prosecution;
d)
furnish the present and permanent address of residence to the I.O.
and also to the Court at the time of execution of the bond and shall
not change the residence without prior permission of this Court;
e)
not leave the limit of State of Gujarat without prior permission of
the Court; and
f)
surrender passport, if any, within a week to the lower Court.
6.
If breach of any the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or take appropriate
action in the matter.
7.
Bail before the lower Court having jurisdiction to try the case.
8.
Rule is made absolute. Direct service is permitted.
(
M.D.Shah,J )
pathan
Top