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CR.MA/3783/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3783 of 2008
=========================================================
JITENDRA
HASMUKHBHAI CHAUHAN - Applicant
Versus
STATE
OF GUJARAT - Respondent
=========================================================
Appearance :
MR
ARPIT A KAPADIA for the Applicant.
MR
K.T.DAVE, APP for the
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE DN PATEL
Date
: 27/03/2008
ORAL
ORDER
Rule.
Learned Additional Public Prosecutor Mr. K.T.Dave waives service
of notice 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
bearing C.R.No.I-115 of 2007 registered with Jagadia Police Station,
District: Bharuch, punishable under Sections 395, 411, 412 and 414 of
the Indian Penal Code.
3. Having
heard the learned counsel for both the sides and looking to the facts
and circumstances of the case, statements of witnesses, gravity of
the offence, quantum of punishment, the manner in which the applicant
is involved in the offence, as per the allegations of the
prosecution, other co-accused have been enlarged on bail, there is no
identification of the present applicant nor any Muddamal has been
recovered from the present applicant, coupled with the fact that the
investigation is already over and charge-sheet is filed and also
keeping in mind the fact that there is no antecedent of the present
applicant, this application is allowed. The applicant is ordered to
be released on bail in connection with the offence registered with
Jagadia Police Station, District: Bharuch, bearing C.R.No.I- 115 of
2007 on his executing a bond of Rs.5,000/- (Rs. Five thousands 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 Sayajiganj Police Station, Vadodara on every first
day of English Calendar month between 8.00 a.m. to 8.00 p.m.;
(e) not leave the State
of Gujarat without the 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) not enter into the
revenue limit of Bharuch District without prior permission of this
Court, but for attending the Court in connection with this case, he
will be free to enter the limits for a period to the extent necessary
and will leave the limits thereafter soon after the case is
adjourned;
(h) 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.
6. Rule
is made absolute. Direct service permitted.
(D.N.PATEL, J.)
*dipti
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