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CR.MA/6671/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6671 of 2010
=========================================
KARSHAN
@ KAMLESH @ KAMO JEEVABHAI MAKWANA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR
HARNISH V DARJI for Applicant(s) : 1,
MS MINI NAIR ADDITIONAL
PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 13/07/2010
ORAL
ORDER
RULE. Learned
APP Ms. Nair waives service of Rule on behalf of the respondent
State. This application is preferred under Section 439 of the Code of
Criminal Procedure for regular bail by the applicant, who has been
arrested in connection with CR No. I 44 of 2007 registered with
Dholera Police Station, for the offences punishable under Sections
394 and 114 of the Indian Penal Code.
Heard.
Considering
the role attributed to the applicant as reflected in the FIR, police
papers, provisions of aforesaid Sections of the Indian Penal Code,
quantum of punishment, gravity of the offence etc. and co-accused has
been released by this Court vide order dated 12.5.2010 passed in
Criminal Misc. Application No.2386 of 2010, I am of the view that the
applicant deserves to be enlarged on bail at this stage on stringent
terms and conditions, without entering into the merits of the case
and without discussing the evidence in detail.
The parties do
not press for further reasoned order.
For the
foregoing reasons, the application is allowed and the applicant is
ordered to be enlarged on bail in connection with C.R. No. I 44
of 2007 registered with Dholera Police Station on his executing a
bond of Rs.10,000/- [Rupees ten 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 his liberty or abuse his 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 the prior permission of the Sessions
court concerned;
[e] mark his
presence at the concerned Police Station twice in a month of every
English calendar month between 9.00 AM and 2.00 PM. till the trial is
over;
(f) furnish the
present 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] maintain
law and order.
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.
Bail bond to
be executed before the lower Court having jurisdiction to try the
case.
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.
Rule is made
absolute to the aforesaid extent. Direct Service is permitted.
(Z.K.SAIYED,
J.)
ynvyas
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