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CR.MA/13281/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13281 of
2008
=========================================================
JAYENDRA
@ JIGNESH @ JIGO JIVANBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
M/S
THAKKAR ASSOC. for
Applicant(s) : 1,
MR MAULIK NANAVATI ASST. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 14/11/2008
ORAL
ORDER
1. RULE.
Mr. Hasurkar, learned APP waives the service of rule on behalf of
respondent-State.
2. The
applicant, who has been arrested in connection with C.R. No. I-181 of
2008 registered with Odhav Police Station for the offences punishable
under Section 302, 323, 324, 294(B) and 506(1) of the I.P.C. and
Section 135(1) of the Bombay Police Act has preferred this
application seeking his release on regular bail.
3. The
allegation against the applicant is that, he and other accused
persons picked up quarrel with the complainant and attacked him and
during the said scuffle caused death of the father of the complainant
and thereby committed the offences as stated above.
4. Taking
into consideration the role played by the applicant and the fact that
the charge sheet is filed, this application deserves to be allowed.
5. Accordingly,
the application is allowed. The applicant is ordered to be released
on regular bail in connection with C.R. No. I-181 of 2008 registered
with Odhav Police Station, for the offences alleged against him in
this application on his executing personal bond of Rs.10,000/-(Rupees
Ten Thousand Only), with one 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 his liberty or misuse his
liberty;
[b] not
act in a manner injurious to the interest of the prosecution;
[c] maintain
law and order;
[d] mark
his presence before the concerned Police Station on 15th
day of every month between 9:00 a.m. And 2:00 p.m till the
framing of charges;
[e] not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
[f] furnish
the address of their residence to the I.O. at the time of execution
of the bond and shall not change the residence without prior
permission of this Court;
[g] surrender
their passport, if any, to the Lower Court, within a week.
6. 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.
7. Bail
before the lower Court having jurisdiction to try the case.
8. Rule
is made absolute. Direct service is permitted.
(Z.K.
Saiyed,J.)
Umesh/
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