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CR.MA/13548/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13548 of 2011
=========================================
GHANSHYAMBHAI
RAMSANGBHAI RATHOD - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR ND GOHIL for Applicant(s) :
1,
MR MG NANAVATY ADDL. PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 20/10/2011
ORAL
ORDER
1. This
is successive bail application filed under Section 439 of the Code of
Criminal Procedure in connection with first information report
registered at CR No.I-100 of 2011 with Khambhat Rural Police Station,
for the offences punishable under Sections 304, 506(2) and 114 of
the Indian Penal Code.
2. Learned
counsel appearing for the applicant submits that considering the
nature of evidence, role attributed to the applicant and punishment
prescribed and that the charge-sheet is filed, this application for
bail may kindly be considered.
3. Heard
learned APP for the respondent – State who opposed grant of
bail looking to the nature and gravity of offence.
4. 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 and punishment prescribed
for the alleged offences and even considering the statement of
Dineshbhai and Minaben and that now charge-sheet is filed, I am
inclined to enlarge the applicant on bail.
5. Learned
counsel for the parties do not press for further reasoned order.
6. 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 CR No.I-100 of 2011 with
Khambhat Rural Police Station, 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;
(a) not
take undue advantage of liberty or misuse liberty;
(b) not
act in a manner injurious to the interest of the prosecution;
(c) surrender
passport, if any, to the lower court within a week;
(d) not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
(e) mark
presence at the concerned police station on the first Sunday of every
month between 10.00 a.m. and 3.00 p.m. till the trial commences;
(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 the
residence without prior permission of this Court;
7. The
Authorities will release the applicant only if not required in
connection with any other offence for the time being.
8. 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.
9. Bail
bond to be executed before the lower court having jurisdiction to try
the case.
10. 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.
11. Rule
is made absolute to the aforesaid extent. D.S. Permitted.
(ANANT
S. DAVE, J.)
//smita//
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