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CR.RA/410/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
REVISION APPLICATION No. 410 of
2010
=========================================================
FALGUNKUMAR
ISHWARLAL MODI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ANKIT Y BACHANI for
Applicant(s) : 1,
MR MAULIK G NANAVATI, ASST. PUBLIC PROSECUTOR
for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 13/08/2010
ORAL
ORDER
RULE. Mr.
Maulik G. Nanavati, learned APP, waives service of notice of rule on
behalf of respondent-State.
1. Petitioner is the
appellant in Criminal Appeal No.24 of 2010. He has been convicted by
the learned Magistrate and sentenced to undergo rigorous imprisonment
for five years, by an order dated 04.06.2010 passed in Criminal Case
No.825 of 2008. Pending trial, he applied for bail, which came to be
turned down by the learned Principal Sessions Judge, by an order
dated 10.06.2010.
2. Considering
the fact that the petitioner is sentenced to under go rigorous
imprisonment for five years and his challenge to the conviction is
pending before the Sessions Court and considering the fact that, in
the near future, it is unlikely that the appeal shall be disposed of
and that the petitioner has been in jail for nearly two years, by
now, he is ordered to be released on bail, on
his furnishing bond of Rs. 10,000/-(Rupees Ten Thousand), with one
surety of the like amount to the satisfaction of the lower Court and
subject to the conditions that, he shall:
(1). not take undue
advantage of his liberty or abuse his liberty;
(2). maintain law and
order;
(3). not leave the State
of Gujarat without prior permission of the Sessions Judge concerned;
(4). furnish the
address of his residence at the time of execution of the bond and
shall not change the residence without prior permission of this
Court;
(5). surrender his
passport, if any, to the Lower Court immediately.
3. If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter. Direct
service is permitted.
(AKIL
KURESHI, J.)
Umesh/
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