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CR.MA/9716/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9716 of 2008
=========================================================
HIRJI
LAKHUBHAI GHEDA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MS
SHALINI S MAIR for
Applicant(s) : 1,
MR KP RAVAL, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 25/07/2008
ORAL
ORDER
1. Rule.
Mr.K.P. Raval, learned APP waives service of Rule on behalf of
respondent.
2. This
application has been preferred under Section 439 of the Code of
Criminal Procedure, 1973 in connection with the offence being CR
No.I-72 of 2008 registered with Mandvi Police Station, Mandvi Dist.
Bhuj for the offence u/s. 306, 114 I.P. Code.
3. Having
heard the learned Counsel for both the sides and looking to the facts
and circumstances of the case, statement of the witnesses, gravity of
the offence and also the fact now the charge-sheet is filed, I am
inclined to grant bail to the applicant.
4. Considering
the above, this Application is allowed. The applicant is ordered to
be released on bail in connection with CR No.I-72 of 2008 registered
with Mandvi Police Station, Mandvi (Dist. Bhuj), for the offence
alleged against him in this application 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 –
a) not
take undue advantage of his liberty or abuse his liberty;
b) not
to try to tamper or pressurise the prosecution witnesses or
complainant in any manner;
c) maintain
law and order and should cooperate the Investigating Officers;
d) not
act in a manner injurious to the interest of the prosecution;
e) not
leave the local limits of State of Gujarat without the prior
permission of the concerned Sessions Judge.
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;
h) surrender
his passport, if any, to the lower Court within a week.
5. If
breach of any of the above conditions is committed, the concerned
Sessions Judge 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. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
7. Rule
is made absolute. Direct service is permitted.
(Z.K.SAIYED,J.)
sas
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