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CR.MA/3378/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3378 of 2010
=========================================================
DHIRUBHAI
SHAMJIBHAI GOHEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
BM MANGUKIYA for
Applicant(s) : 1,MS BELA A PRAJAPATI for Applicant(s) : 1,
MR
DIVYESH SEJPAL APP
for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 04/05/2010
ORAL
ORDER
1. This application is
preferred under Section 439 of the Code of Criminal Procedure, 1973
seeking regular bail by the applicant, who has been arrested in
connection with C.R.No.I-1 of 2010 registered with Palitana Rural
Police Station for the offence punishable under Sections
323,326,506(2) and 114 of the Indian Penal Code and Section 135 of
the Bombay Police Act.
2. I have considered the
rival submissions canvassed by the learned counsel for both the
sides, role attributed to the applicant which is reflected in the
F.I.R. at Annexure A to the application and injury certificate
produced for my perusal. Considering the aforesaid aspect and
considering the fact that after sustaining injuries, the injured was
admitted and discharged from the hospital, I am of the view that the
applicant deserves to be enlarged on bail.
3. 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-1 of 2010 registered
with Palitana Rural Police Station 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 on any day of first week 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.
4. 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.
5. Bail bond to be
executed before the lower Court having jurisdiction to try the case.
6. 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.
7. Rule is made absolute
to the aforesaid extent. Direct service is permitted.
(H.B.ANTANI,
J.)
Hitesh
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