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CR.MA/7117/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION (REGULAR BAIL) No. 7117 of 2011
=========================================================
GULAM
HUSAIN @ MONTU ABDUL SAMAD KANUGA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
RAXIT J DHOLAKIA for
Applicant
Ms.
Manisha L. Shah, APP, for respondent
No.1
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 07/07/2011 ORAL ORDER
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
C.R.No.I-12 of 2011 with Hasot police station for the offences
punishable under Sections 143, 147, 148, 149, 323, 452, 427, 504,
506(2), 395 of the Indian Penal Code.
Heard
learned counsel for the parties and perused the record.
Learned
counsel for the applicant submits that though the co-accused were
enlarged on bail, but the applicant is denied discretionary relief on
the ground of antecedents, to which, learned counsel for the
applicant submits that in all other cases either he is acquitted or
enlarged on bail.
In
the facts and circumstances of the case and considering the nature of
allegations and role attributed to the applicant, on the ground of
parity, without discussing the evidence in detail, prima facie, this
Court is of the opinion that this is a fit case to exercise the
discretion to enlarge the applicant on bail.
Hence,
the application is allowed and the applicant is ordered to be
released on bail in connection with first information report
registered at C.R.No.I-12 of 2011 with Hasot Police Station on his
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
i. not
take undue advantage of his liberty or misuse his liberty;
not
act in a manner injuries to the interest of the prosecution;
surrender
his passport, if any, to the lower court within a week;
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
mark
his presence at the concerned police station on the first and third
Sunday of every month between 10 a.m. And 3 p.m till commencement of
the trial.
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 he is 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.)
(swamy)
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