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CR.MA/7759/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7759 of 2010
=========================================================
ISHWARBHAI
BHALABHAI THAKOR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
SUDHANSHU S PATEL for
Applicant(s) : 1,
MR KV PANDYA, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 23/07/2010
ORAL
ORDER
Rule.
Mr.K.V.Pandya, learned APP waives service of notice of rule on
behalf of the respondent-State.
Heard
learned counsel for the petitioner and learned APP for the State.
It
is submitted on behalf of the petitioner that the present petitioner
was arrested on 28-4-2010 in connection with the offences punishable
under Sections 379, 285, 114 and 511 of IPC and Sections 3 and 7 of
Public Property Damages Act registered as C.R.No.I-29 of 2008 before
Santalpur Police Station based on the complaint filed by the
complainant for the incident alleged to have taken place on
9-9-2008. It is also submitted that the investigation is over and
charge sheet is filed. The petitioner has been in jail since last
more than two months. It is therefore requested that the petitioner
may be released on bail.
Taking
into consideration the fact that the petitioner remained in jail
since last more than two months and looking to the manner in which
the incident took place and the sentence prescribed in such cases
coupled with the facts that investigation is over and charge sheet
is filed, this petition is required to be allowed.
This
petition is accordingly allowed and the petitioner is ordered to be
released on bail in connection with Crime Register No.I-29 of 2008
before Santalpur Police Station for the offences alleged against him
in this petition on his executing bond of Rs.10,000/- (Rupees Ten
Thousand only) with one solvent surety of the like amount to the
satisfaction of the lower Court and subject to the conditions that
he shall-
a)
not take undue advantage of liberty or abuse liberty;
b)
maintain law and order;
c)
not act in a manner injurious to the interest of the prosecution;
d)
furnish the present and permanent address of 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;
e)
not leave the limit of State of Gujarat without prior permission of
the Court; and
f)
surrender passport, if any, within a week to the lower Court.
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
before the lower Court having jurisdiction to try the case.
Rule
is made absolute. Direct service is permitted.
(M.D.SHAH,J.)
radhan
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