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CR.MA/6187/2008 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6187 of 2008
=========================================================
KANABHAI
RAMJIBHAI CHAUHAN - Applicant
Versus
STATE
OF GUJARAT - Respondent
=========================================================
Appearance :
MR
TUSHAR L SHETH for the Applicant.
MS
MS PANCHAL, APP for the
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE DN PATEL
Date
: 04/07/2008
ORAL
ORDER
Rule.
Learned Additional Public Prosecutor Ms.M.S.Panchal waives
service of notice of Rule for 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
registered with Padadhari Police Station, District: Rajkot,
bearing C.R.No.I ? 89 of 2007 for the offences punishable under
Section 306 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, 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 coupled with the
fact that the investigation is already over and charge-sheet is filed
and also keeping in mind the fact that Criminal Misc.Application
No.2724 of 2008 has been preferred under Section 482 of Code of
Criminal Procedure,1973, wherein, this Court has granted stay against
the further proceedings of Sessions Case No.1 of 2008 pending before
Sessions Court at Rajkot. This stay was granted as ad-interim relief
has been confirmed till final disposal of Criminal Misc.Application
No.2724 of 2008 vide order dated 19th June,2008. In
view of this development and looking to the age of the applicant,
which is 20 years, this application is allowed. The applicant is
ordered to be released on bail in connection with the offence
registered with Padadhari Police Station, District:
Rajkot, bearing C.R.No.I ? 89 of 2007, on his executing
a bond of Rs.5,000/- (Rupees 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
Padadhari Police Station, District: Rajkot, on
every first day of English Calendar month between 9.00 a.m. and 2.00
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) 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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