Godhabha vs State on 17 February, 2011

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CR.MA/1560/2011	 3/ 3	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

CRIMINAL
MISC.APPLICATION No. 1560 of 2011
 

 
 
=========================================================


 

GODHABHA
NAGSURBHAI MALANI CHARAN - Applicant(s)
 

Versus
 

STATE
OF GUJARAT - Respondent(s)
 

=========================================================
 
Appearance : 
MR
PB KHANDHERIA for Applicant(s) : 1, 
MR AJ DESAI APP for
Respondent(s) :
1, 
========================================================= 

 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE ANANT S. DAVE
		
	

 

 
 


 

Date
: 17/02/2011 

 

 
 
ORAL
ORDER

This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
CR No.I 98/2010 with Lodhika Police Station, Rajkot, for the
offences punishable under Sections 302, 147, 148, 149, 504, 506(2)
and 34 of IPC.

It
is submitted that the allegations against the applicant are of
witnessing incident in question and the same is noticed by Learned
additional Sessions Judge in the order dated 21st
January, 2011 and considering the above fact, I am inclined to
enlarge the applicant on bail.

Heard
learned APP for the respondent – State.

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 CR No.I 98/2010 with
Lodhika Police Station, Rajkot, 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;

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.)

(ashish)

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