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CR.MA/10742/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10742 of 2010
=========================================================
GADHAVI
VISHNUBHAI ISHWARDAN - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
SUNIL S JOSHI for
Applicant(s) : 1,
MS MINI NAIR, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 23/09/2010
ORAL
ORDER
1. Present
application has been filed by the applicant for grant of regular bail
under Section 439 of Cr.P.C.
2. The
applicant accused is charged with having committed offence punishable
under Sections 25(1AA) of the Arms Act u/s. 135 of B.P.Act and under
Section 114 of Indian Penal Code for which F.I.R. being CR
No.II-177/2010 has been registered with Godhra Town A Division Police
Station.
3. Learned
Advocate Mr. Joshi referred to the FIR as well as impugned order and
submitted that country made pistol has been recovered and therefore
considering the offence which is a single offence, present
application may be allowed.
4. Learned
APP Ms. Nair resisted the application.
5. Having
heard the learned Advocate Mr. Joshi as well as learned APP and
having considered the nature of offence as well as the role
attributed without any antecedent and when recovery has also been
made, present application deserves
to be allowed subject to the conditions hereinafter.
6. Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with the F.I.R. being CR
No.II-177/2010 registered with Godhra Town A Division Police
Station, on his executing a bond of Rs.5,000/- (Rupees Five
Thousand) with one solvent 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
to try to tamper or pressurize the prosecution witnesses or
complainant in any manner.
(c) not
act in any manner injurious to the interest of the prosecution.
(d) maintain
law and order and should cooperate with the investigating officers.
(e) mark
his presence before concerned Police Station on 1st Monday
of every month of English calender between 11:00 AM to 2:00 PM till
the charge-sheet is filed.
(f) furnish
the address of his residence to the Investigating Officer and also to
the Court at the time of execution of the bond and shall not change
his residence without prior permission of the Court.
(g) surrender
his passport, if any, to the lower Court, within a week.
7. If
breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or take appropriate
action in the matter.
8. Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
9. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(RAJESH
H.SHUKLA, J.)
jani
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