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CR.MA/6002/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6002 of 2011
=============================================
HAJI
SULEMAN AMAD PADHIYAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=============================================
Appearance
:
SVRAJUASSOCIATES for
Applicant(s) : 1,
MR JK SHAH ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 02/05/2011
ORAL
ORDER
Rule.
Learned APP, waives service of rule on behalf of respondent-State.
Learned
advocate for the applicant submits that the applicant has inflicted
the injuries with ‘axe’ on the head of the complainant and further
caused injuries on two other witnesses but at the same time nature of
injuries were such, for which, injured came to be discharged from the
hospital and other aspects is in realm of evidence to be appreciated
by the trial Court and with regard to antecedents referred by the
trial Court, the applicant was acquitted in two out of four criminal
cases. Now charge-sheet is filed and by imposing suitable conditions
the applicant may be enlarged on bail.
Considering
the above prima facie aspects of the matter, I find this is a fit
case for granting bail since charge-sheet is also filed. Under the
circumstances, the applicant is ordered to be released on bail in
connection with C.R. No.I-4 of 2011 with Narayansarover Police
Station, on his furnishing bond of Rs. 5000/-(Rupees Five Thousand)
with one surety of like amount to the satisfaction of the lower Court
and subject to following conditions :
not
take undue advantage of his liberty or abuse his liberty;
not
act in a manner injurious to the interest of the prosecution;
maintain
law and order;
mark
his presence before the concerned Police Station on every 1st
and 15th day of English Calendar month between 11:00 am
to 2:00 pm:
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
furnish
the address of his residence at the time of execution of the bond
and shall not change the residence without prior permission of this
Court;
surrender
his passport, if any, to the Lower Court immediately.
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.)
//smita//
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