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CR.MA/12453/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12453 of 2008
=========================================================
KARTIKBHAI
KANTIBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR.N.D.Nanavaty
for Mr. PR ABICHANDANI for
Applicant.
Mr. M.R.Mengdey, APP for
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 15/10/2008
ORAL
ORDER
1. Rule.
Mr. Mengdey, learned A.P.P.waives service on behalf of the
respondent-State.
2. The applicant , who has been arrested in connection with CR no.I-73/2008 registered with Kapadvanj (Town) Police Station, Kheda for the offences punishable under Sections 307,395,323,147,148 and 149 of IPC and Section 30 of the Arms Act, has preferred this application seeking his release on bail.
3. This Court has gone through the complaint and the papers of investigation. The main accused is relesed on bail. Considering the role played by the present applicant-accused,this application deserves to be allowed.
5. Accordingly, the application is allowed. The applicant is ordered to be realeased on bail in connection with CR no.I-73/2008 registered with Kapadvanj Town Police Station , for the offences alleged against him in this petition on his executing a personal bond of Rs.10,000/-(Rupees ten thousand) 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) not leave the State of Gujarat without the prior
permission of the Sessions Judge concerned.
(e) 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;
(f) surrender his passport, if any,to the lower Court within a week;
(g) mark his presence at the concerned Police Station on the first of every English Calendar month between 9.00 a.m. and 2.00 p.m. till the trial is over.
(h) not enter into the limits of Kheda District, except for the purpose of attending Court proceedings and marking presence at the concerned Police Station, for six months.
6. 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.
7. Bail before the lower Court having jurisdiction to try the case.
8. Rule is made absolute. Direct service is permitted.
(M.D.Shah,J.)
lee.
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