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CR.MA/8091/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8091 of 2008
==============================================
IRFANHUSSAIN
ABDULHUSSAIN ARAB - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
==============================================
Appearance
:
MR SOEB R BHOHARIA for
Applicant(s) : 1,
MR YV WAGHELA for the Complainant
MR
RC KODEKAR, APP for Respondent(s) :
1,
==============================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
Date
: 26/06/2008
ORAL
ORDER
Rule.
Mr. R.C. Kodekar, learned Additional Public Prosecutor waives
service of rule on behalf of the respondent State.
2. This
application has been preferred for regular bail under Section 439 of
the Code of Criminal Procedure, 1973, in connection with the offence
registered with Vejalpur Police Station bearing C.R. No. I – 255 of
2008 for the offences punishable under Sections 387, 324, 506(2),
143, 147, 148 and 149 of the Indian Penal Code and under Section
25(1)(a) of the Arms Act.
3. Having
heard the learned counsel for both the sides and looking to the facts
and circumstances of the case, this application is allowed. The
applicant-original accused is ordered to be released on bail in
connection with the offence registered with Vejalpur Police Station
being C.R. No. I – 255 of 2008 on his executing a bond of Rs. 5,000/-
(Rupees five thousand only) with one surety of like amount to the
satisfaction of the lower Court 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) shall
mark his presence before the concerned police station on every first
day of English Calendar month between 9.00 a.m. and 2.00 p.m.;
(e) not
leave the State of Gujarat without prior permission of the Sessions
Court concerned;
(f) 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;
(g) surrender
his passport, if any, to the lower Court within a week.
4. 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.
5. Bail
before the lower Court having jurisdiction to try the case.
Rule
is made absolute accordingly. Direct service is permitted.
(
BHAGWATI PRASAD, J. )
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