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CR.MA/13475/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13475 of 2008
=========================================================
JITENDRABHAI
RAMESHBHAI KUBAVAT (BAVAJI) - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
YJ PATEL for
Applicant(s) : 1,
MR MG NANAVATI, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 13/11/2008
ORAL
ORDER
Heard
learned advocate for the applicant and learned APP Mr.M.G.Nanavati
for the respondent State.
2. Rule.
Learned APP Mr.Nanavati waives service of rule on behalf of
respondent State.
3. This
application is filed by the applicant under Section 439 of Cr.PC for
releasing him on regular bail in connection with the offence
registered vide CR No.I-89 of 2008 at Surendranagar City Police
Station for the offences punishable under Sections 363, 366, 376 and
114 of IPC.
4. The
learned advocate for the applicant has submitted that the applicant
is falsely involved in this case. He read the order passed by the
rial Court and prayed to release the applicant on regular bail.
5. As
against this, learned APP Mr.Nanavati has strongly opposed this
application and read the order passed by the trial Court.
6. I
have gone through the order passed by the trial Court as well as the
papers produced on record of the case. Looking to the allegations
levelled against the applicant, I am inclined to release him on
regular bail.
7. Learned
advocates for the parties do not press for reasoned orders.
8. Considering
the submissions made on behalf of the parties, and having regard to
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with CR No.I-89 of 2008 registered at Surendranagar City Police
Station, for the offences alleged against him in this application on
his executing a personal bond in sum 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 condition that he shall,
(a) not
take undue advantage of his liberty or misuse his liberty;
(b) not
to 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 every 15th
day of the month between 9.00 a.m. and 2.00 p.m.
(e) not
enter into the local/revenue limits of the place where the incident
had taken place 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 immediately after the case is adjourned;
(f) not
leave the State of Gujarat without the prior permission of this
Court/Sessions Judge ;
(g) furnish
the 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 the residence
without prior permission of this Court;
(h) surrender
his passport, if any, to the lower Court within a week.
9. If
breach of any of the above condition is committed, the learned
Sessions Judge concerned will be free to issue warrant or take
appropriate action in the matter.
10. Bail
before the lower Court having jurisdiction to try the case.
11. Rule
is made absolute. Direct service is permitted.
(Z.K.Saiyed,
J.)
Sreeram.
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