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CR.MA/1983/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1983 of
2011
=========================================================
JIGNESHBHAI
KALIDAS VASAVA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
NK MAJMUDAR for
Applicant(s) : 1,
MR KL PANDYA, ASST. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 01/03/2011
ORAL
ORDER
RULE.
Learned APP, waives service of notice of rule on behalf of the
respondent-State.
1. This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with First Information Report registered at
C.R. No. I – 174 of 2010 with Gorva Police Station, Vadodara
for the offences punishable under Sections 302, 323, 504 and 114 etc.
of the Indian Penal Code and under Section 135 of the Bombay Police
Act.
2. Heard
learned Counsel for the parties and perused the material on record.
3. Learned
counsel appearing for the applicant submits that charge-sheet is
filed and as the co-accused are enlarged on bail by this Court, the
applicant may be enlarged on bail.
4. Having
heard learned counsel for the parties and considering overall facts
and circumstances of the case, he deserves to be enlarged on bail.
5. In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with First Information Report registered at C.R. No.I –
174 of 2010 with GORVA POLICE STATION,
Vadodara, on executing 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 liberty or misuse 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 prior permission of the Sessions Judge concerned;
(e) mark presence at the
concerned Police Station on the first Sunday of every month between
10.00 a.m and 3.00 p.m for three months only;
(f) furnish the present
address of residence to the Investigating Officer 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;
6. The
Authorities will release the applicant only of she is not required in
connection with any other offence for the time being.
7. 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.
8. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
9. 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.
10. Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(ANANT
S. DAVE, J.)
Umesh/
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