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CR.MA/12076/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12076 of 2008
=========================================================
GURINDERSINH
TARASINH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
RAXIT J DHOLAKIA for
Applicant(s) : 1,
MR
SP HASURKAR, APP for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 16/10/2008
ORAL
ORDER
Heard
learned advocate for the applicant and learned APP for the respondent
State.
2. Rule.
Learned APP waives service of rule on behalf of respondent State.
3. The
applicant has preferred the present application for bail in
connection with the offence being Prohibition CR No. 124 of 2007
registered at Dabhoda Police Station. The petitioner was arrested on
25.8.2008. His application for bail preferred before the learned
Addl.Sessions and Fast Track Judge, Court No.1, Gandhinagar has been
rejected vide order dated 12.9.2008.
4. This
Court has gone through the averments made in the application as well
as the judgment and order passed by the learned trial Judge.
Considering the gravity of the offence and taking into consideration
the sentence, this application deserves to be allowed and it is
hereby allowed. The applicant is ordered to be released on bail on
his executing a bond in sum of Rs.10,000/- (Rupees Ten thousand only)
with one surety of the like amount to the satisfaction of the lower
Court subject to the conditions that he shall,
(a) not
take undue advantage of his liberty or misuse his liberty;
(b) not
to act in a manner injurious to the interest of the prosecution;
(c) maintain
law and order;
(d) mark
his presence before the concerned police station on every 1st
day of month between 9.00 a.m. and 2.00 p.m.
(e) not
leave the State of Gujarat without the prior permission of this
Court/Sessions Judge concerned;
(f) furnish
the 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;
(g) surrender
his passport, if any, to the lower Court within a week.
5. If
breach of any of the above conditions is committed, the learned
Sessions Judge concerned will be free to issue warrant or take
appropriate action in the matter.
6. Bail
before the lower Court having jurisdiction to try the case.
7. Rule
is made absolute. Direct
service is permitted.
(M.D.Shah,
J.)
Sreeram.
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