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CR.MA/13062/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13062 of
2008
=========================================================
BHUPAT
KUVRABHAI CHAVDA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
HARSHIT S TOLIA for
Applicant(s) : 1,MR PARTH S TOLIA for Applicant(s) : 1,
MR SP
HASURKAR ASST. PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 14/10/2008
ORAL
ORDER
1. RULE.
Mr. Hasurkar, learned APP waives the service of rule on behalf of
respondent-State.
2. The
applicant, who has been arrested in connection with C.R. No. I-96 of
2008 by Thorala Police Station, Rajkot for the offences punishable
under Section 457, 380 and 114 of the I.P.C. has preferred this
application seeking his release on regular bail.
3. The
allegation against the applicant is that he along with other accused
persons break open the shutter of the factory of the complainant and
committed theft and thereby committed the offences as stated above.
4. Taking
into consideration the manner in which the entire incident took place
and the fact that the charge-sheet is filed, this application
deserves to be allowed.
5. Accordingly,
the application is allowed. The applicant is ordered to be released
on regular bail in connection with C.R. No. I-96 of 2008 registered
with Thorala Police Station, Rajkot for the offences alleged against
him in this application on his executing personal bond of
Rs.10,000/-(Rupees Ten 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 misuse his
liberty;
[b] not
act in a manner injurious to the interest of the prosecution;
[c] maintain
law and order;
[d] mark
his presence before the concerned Police Station on 1st
Monday of every month between 9:00 a.m. And 2:00 p.m;
[e] not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
[f] furnish
the address of his residence to the I.O. at the time of execution
of the bond and shall not change the residence without prior
permission of this Court;
[g] surrender
his passport, if any, to the Lower Court, within a week.
6. 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.
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.)
Umesh/
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