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CR.MA/3708/2010 1/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3708 of 2010
=====================================================
DAUD
@ NIMESH KANUBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=====================================================
Appearance
:
MR
MAHENDRA K PATEL for Applicant(s) : 1,
MR DC SEJPAL ADDITIONAL
PUBLIC PROSECUTOR for Respondent(s) :
1,
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 30/04/2010
ORAL
ORDER
This
application is preferred under Section 439 of the Code of Criminal
Procedure for regular bail by the applicant, who has been arrested in
connection with CR No. I – 113 of 2009 registered with Sector 21
Police Station, Gandhinagar for the offences punishable under
Sections 395, 394, 506(2), 342 and 452 of the Indian Penal Code and
Section 25(1) of the Arms Act.
I
have heard the learned advocate for the applicant and learned APP for
the respondent State at length and in great detail. I have
considered the role attributed to the applicant as reflected in the
FIR and police papers. It appears that the applicant was armed with
revolver at the place of the offence. Considering the provisions of
under Sections 395, 394, 506(2), 342 and 452 of the Indian Penal
Code and Section 25(1) of the Arms Act, quantum of punishment,
gravity of offence and nature offence in which the applicant is
involved, I am of the view that the applicant deserves to be enlarged
on bail.
For
the foregoing reasons, the application is allowed and the applicant
is ordered to be enlarged on bail in connection with C.R. No. I – 113
of 2009 registered with Sector 21 Police Station, Gandhinagar 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 twice in a month
i.e. on 1st and 15th 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 applicant on bail.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(H.B.ANTANI,
J.)
ynvyas
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