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CR.MA/14717/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14717 of 2010
=================================================
DHARMENDRAKUMAR
S/O SHREERAMNATHRAY YADAV - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=================================================
Appearance :
MR
PP MAJMUDAR for Applicant(s) : 1,
MRS KRINA P CALLA APP for
Respondent(s) : 1,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 27/12/2010
ORAL
ORDER
Rule.
Learned APP, waives service of notice of Rule for respondent –
State.
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
CR No.I 175/2009 with Anjar Police Station, District Kachchh for
the offences punishable under Sections 394, 395, 397, 120B of IPC,
under Section 25(1)(a) of the Arms Act and under Section 135 of the
Bombay Police Act.
Learned
counsel appearing for the applicant submits that charge sheet is
filed and considering the nature of allegation, role attributed to
the applicant coupled with the fact that the co-accused with similar
role has been released on bail, the applicant may also be enlarged
on bail.
Heard
learned APP for the respondent – State.
Having
heard learned counsel for the parties and perusing the record of the
case and taking into consideration the facts of the case, nature of
allegations, role attributed to the accused coupled with the fact
that charge sheet is filed, without discussing the evidence in
detail, at this stage, I am inclined to enlarge the applicant on
bail.
Learned
counsel for the parties do not press for further reasoned order.
In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with first information report registered at C.R. No.I 175/2009 with
Anjar Police Station, District Kachchh on executing a bond of
Rs.5,000/- (Rupees Five thousand only) with one surety of the like
amount to the satisfaction of the trial Court and subject to the
conditions that he shall;
not
take undue advantage of liberty or misuse liberty;
not
act in a manner injurious to the interest of the prosecution;
surrender
passport, if any, to the lower court within a week;
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
mark
presence at the concerned police station on the first Sunday of
every month between 10.00 a.m. and 3.00 p.m. for three months only;
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 the
residence without prior permission of this Court;
The
Authorities will release the applicant only if not required in
connection with any other offence for the time being.
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.
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. D.S. Permitted.
(ANANT
S. DAVE, J.)
*pvv
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