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CR.MA/1700/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1700 of 2010
=========================================================
JETABHAI
PIRABHAI RABARI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
NP CHAUDHARY for
Applicant(s) : 1,MR TUSHAR CHAUDHARY for Applicant(s) : 1,
MR DC
SEJPAL, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 05/03/2010
ORAL ORDER
1. This
is an application preferred under Section 439 of the Code of Criminal
Procedure by the applicant who came to be arrested in connection with
CR No. I-33 of 2010 registered at Palanpur City Police Station,
Banaskantha for the offence punishable under Sections 457, 380 and
114 of the IPC.
2. Counsel
for the parties do not press for reasoned order.
3. Heard
learned advocate Mr Chaudhary for the applicant and learned APP, Mr
DC Sejpal for the State at length and in great detail. The applicant
who is a rickshaw driver has been caught red handed with the stolen
goods worth Rs.4,500/-. Save and except the aforesaid act, no overt
act is committed by the applicant. Thus, considering the role
attributed to the applicant, provisions of Sections 457, 380 and 114
of the IPC, quantum of punishment, police papers, etc., I am of the
view that the applicant deserves to be enlarged on bail.
4. In the
facts and circumstances of the case, the application is allowed and
the applicant is ordered to be enlarged on bail in connection with CR
No. I-33 of 2010 registered at Palanpur City Police Station,
Banaskantha on executing a bond of Rs.10,000/- [Rupees ten 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
act in a manner injurious to the interest of the prosecution;
[c] surrender
his passport, if any, to the lower Court within a week;
[d] not
leave the State of Gujarat without the prior permission of the
Sessions court concerned;
[e] mark
his presence at the concerned Police Station on any day of every
first week of English calendar month between 9.00 AM and 2.00 PM.
till the trial is over;
[f] furnish
the present 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 his
residence without prior permission of this Court;
[g] maintain
law and order.
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
bond to be executed before the lower Court having jurisdiction to try
the case.
7. At the
trial, the Trial Court shall not be influenced by the observations of
preliminary nature, qua the evidence at this stage, made by this
Court while enlarging the applicant on bail.
8. Rule
is made absolute to the aforesaid extent.
Direct
Service is permitted.
[H.B.
Antani, J.]
mrpandya
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