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CR.MA/2526/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2526 of 2008
In
CRIMINAL
MISC.APPLICATION No. 2297 of 2008
=========================================================
HARESHBHAI
POPATBHAI MAKWANA - Applicant
Versus
STATE
OF GUJARAT - Respondent
=========================================================
Appearance :
MR
PR NANAVATI for the Applicant.
MS
M.S.PANCHAL, APP for the
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE DN PATEL
Date
: 29/02/2008
ORAL
ORDER
Rule.
Learned Additional Public Prosecutor Ms.Mita Panchal waives
service of notice of Rule for the respondent-State.
2. This
application has been preferred under Section 439 of the Code of
Criminal Procedure,1973 in connection with the offence registered
with Bhavnagar ?SA?? Division Police Station, Bhavnagar bearing
C.R.No.I ? 56 of 2008 for the offences punishable under Sections
143, 147, 323, 332, 452, 427 and 504 of the Indian Penal Code read
with Section 3 of the Damages to the Public Properties Act.
3. Learned
counsel for the applicant submitted that the marriage ceremony of the
niece of the applicant is scheduled on 2nd and 3rd
March,2008. This Court has issued notice for the verification of this
fact. Learned Additional Public Prosecutor for the respondent-State
upon verification has submitted that there is a marriage ceremony of
niece of the applicant on 2nd and 3rd
March,2008. Statement has been recorded by one Shri Kantibhai Makwana
on 27th February,2008. Report has been presented before
this Court, which is taken on record of this case.
4. Having
heard the learned counsel for both the sides and looking to the
aforesaid fact, this application is allowed. The accused is
ordered to be released on temporary bail from 1st
March,2008 to 5th March,2008 in connection with the
offence registered with Bhavnagar ?SA?? Division
Police Station, Bhavnagar bearing C.R.No.I ? 56 of 2008, on
his executing a personal bond of Rs.500/- (Rupees Five hundred only)
before Jail Authority and subject to the conditions that he shall,
(a) not take undue advantage of his
liberty or abuse his liberty;
(b) not act in a manner injurious to
the interest of the prosecution;
(c) maintain law and order;
(d) not leave the State of Gujarat
without the prior permission of the Sessions Court concerned;
(e) 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;
(f) surrender his passport, if any,
to the lower Court within a week;
(g) shall surrender to the concerned
judicial custody on 5th March,2008 before 5.00 p.m.
5. If breach of any of the above
conditions is committed, the Sessions Judge
concerned will be free to issue warrant or
to 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 permitted.
(D.N.PATEL,J)
*dipti
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