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CR.MA/13679/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13679 of 2010
=========================================================
HAMIRBHAI
MAVJIBHAI BAVALIYA (KOLI) - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
Y M Thakore for Mr H A SHAH for
Applicant(s) : 1,
Mr LR Pujari, A.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 23/11/2010
ORAL
ORDER
1. Rule.
Learned APP, waives service of notice of Rule for respondent –
State.
2. This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
CR No.I-83 of 2010 with Sayala Police Station, for the offences
punishable under Sections 307, 325, 452 and 114 of the Indian
Penal Code.
3. Learned
Advocate Mr Thakore submits that the co-accused against whom the
allegations of firing and causing hindrance etc., have been levelled
is enlarged on bail. The witnesses are relatives and the injured
was hospitalised for a day and discharged. He, therefore, prayed to
release the applicant on bail.
.
Heard learned
APP Mr. for the respondent – State.
4. Having heard
learned counsel for the parties and perusing the record of the case
and taking into consideration the facts of the case, nature of
allegations, role attributed to the accused and punishment prescribed
for the alleged offences, I am inclined to enlarge the applicant on
bail by imposing suitable conditions.
Learned counsel
for the parties do not press for further reasoned order.
5. 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 being C.R. No.I – 83 of 2010 with
Sayala University Police Station on executing a bond of Rs.10,000/-
(Rupees Ten thousand only) with one surety of the like amount to the
satisfaction of the trial Court and subject to the conditions that he
shall;
not
take undue advantage of liberty or misuse liberty;
not
act in a manner injurious to the interest of the prosecution;
surrender
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
presence at the concerned police station on the first Sunday of
every month between 10.00 a.m. and 3.00 p.m. for three months only
;
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.)
msp
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