IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No 8886 of 2003 -------------------------------------------------------------- DILIPBHAI MAGANBHAI PATEL Versus STATE OF GUJARAT -------------------------------------------------------------- Appearance: 1. Criminal Misc.Application No. 8886 of 2003 MR MM TIRMIZI for Petitioner No. 1 Mr.K.C.Shah, APP for Respondent No. 1 -------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE JAYANT PATEL Date of Order: 14/11/2003 ORAL ORDER
Rule. Mr.K.C.Shhah, learned APP waives service
of rule on behalf of the respondent State.
2.Considering the submissions made on behalf of the
parties and having regard to the circumstances and
peculiar facts of the case that the rubber stamps are
used for three trucks whereby total amount of Rs.60/- is
recovered and the rubber stamps are also recovered and
the petitioner was a daily wage employee in he police
department the petition is allowed and the parties do not
press for further reasoned order.
3.The petitioner is ordered to be released on bail
in connection with Crime Register No.I-99 of 2003 of
Bharuch Rural Police Station, on executing a bond of
Rs.5,000/- (Rs.Five 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 abuse
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 Bharuch Rural Police
Station every fortnight on 1st and 15th of month
between 9.00 a.m. and 2.00 p.m.;
e. furnish the address of his residence at the time
of execution of the bond and shall not change his
residence without prior permission of this Court;
f. surrender his Passport, if any, to the lower
Court within a week;
3.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.
4.Bail before the lower Court having jurisdiction
to try the case.
5.It will be open to the department to take action
in accordance with law and this order shall not confer
any additional right to the petitioner so far as his
service career is concerned.
6.Rule is made absolute. Direct service is
permitted.
Dt.14.11.2003 (Jayant Patel, J.)