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CR.MA/11264/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11264 of 2008
=========================================
KADARBHAI
ABDULRAHEMANBHAI MANSURI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR HR PRAJAPATI
for Applicant(s) : 1,
MR SP HASURKAR,ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 17/10/2008
ORAL
ORDER
1. Rule.
Mr.S.P.Hasurkar, learned A.P.P. waives service on behalf of the
respondent-State.
2. The
applicant, who has been arrested in connection with C.R.No.I-85 of
2008 registered with Una Police Station for the offences punishable
under Sections 302, 325,323,34,143,147,148 & 149 of IPC and 135
of the Bombay Police Act has preferred this application seeking his
release on bail. Learned counsel for the applicant Mr.Prajapati has
referring to the papers of investigation, chargesheet as well as the
order passed by this Court (Coram: M.R.Shah, J.) dated 23.9.2008 in
Criminal Miscellaneous Application No.11288 of 2008 state that the
present applicant-accused has also played the same role as that of
accused-Bhavbhai, who has been released on bail vide the above
referred order dated 23.9.2008. It is also transpired from the papers
of investigation that during the operation because of heavy dose of
anesthesia the injured went into coma.
3. This
Court has gone through the Postmortem report and other police papers
and in view of the same, application deserves to be allowed.
4. Accordingly,
the application is allowed. The applicant is ordered to be released
on bail in connection with C.R.No.I-85 of 2008 registered with Una
Police Station, for the offences alleged against him in this
application on his executing a 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 subjection 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 concerned Police Station on 1st
of every English Calender Month between 9:00 a.m and 2:00 p.m.
(e) not leave the State of Gujarat without the prior permission
of Sessions Judge concerned.
(f) 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
his residence without prior permission of this Court;
(g) surrender his passport, if any, to the lower Court within a
week;
5. If breach of any of the above condition is committed, the Sessions
Judge concerned will be free to issue warrant or take appropriate
action in the matter.
6. Bail before the lower Court having jurisdiction to try the case.
7. Rule
is made absolute. Direct service is permitted.
(M.D.Shah,
J.)
sudhir
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