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CR.MA/13886/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13886 of 2011
=========================================================
GOVINDBHAI
BAKABHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
UM SHASTRI for
Applicant(s) : 1,
MR MG NANAVATI, ASST. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 07/10/2011
ORAL
ORDER
1. RULE.
Learned APP Mr.M.G.Nanavati waives service of notice of Rule for the
respondent – State.
2. This
successive bail application is filed under Section 439 of the Code of
Criminal Procedure in connection with the First Information Report
registered as C.R. No. I-47/2011, registered with Devgadh Baria
Police Station for the offences punishable under Sections-395, 396,
397 of the Indian Penal Code.
3. Heard
learned Counsels for the parties and perused the record.
4. It
is submitted that, now charge-sheet has been filed and there is no
identification, subject to availability of accused for trial, I am
inclined to enlarge the applicant on bail, by imposing suitable
conditions.
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 C.R.
No. I-47/2011, registered with Devgadh Baria 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
same 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.)
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