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CR.MA/10478/2007 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10478 of 2007
=========================================================
KHENGARBHAI
HARIBHAI CHAVDA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
SHAKTISINH GOHIL for
Applicant(s) : 1,
MS MANISHA LAVKUMAR, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKSHAY H.MEHTA
Date
: 04/10/2007
ORAL
ORDER
Rule.
Ms. Manisha Lavkumar, learned APP, waives service of notice of Rule
for respondent ? State.
2. The
applicant has been detained in the custody for the alleged commission
of offences made punishable under sections 454, 457 and 308 of the
Indian Penal Code. The offence is registered at CR No.I 35 of 2007
with Vallabhipur Police Station. So far as the present applicant is
concerned, only allegation against him is that he has received stolen
property. So far as original accused no. 1 is concerned, he has been
granted bail by this Court by order dated 31/8/2007 passed in
Criminal Misc. Application No. 9594 of 2007. Thus, compared to the
role of original accused no.1, the role ascribed to the present
applicant is very minor. Hence, he also deserves bail on the same
terms and conditions :-
3. In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with first information report registered at C.R. No.I 35 of 2007 with
Vallabhipur Police Station on executing a bond of Rs.5,000/- (Rupees
Five thousand only) with one surety of the like amount to the
satisfaction of the trial Court and subject to the conditions that he
shall;
not
take undue advantage of liberty or misuse liberty;
not
act in a manner injurious to the interest of the prosecution;
surrender
passport, if any, to the lower court within a week;
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
mark
presence at the concerned police station on the first Sunday of
every month between 10.00 a.m. and 3.00 p.m. for three months only.
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 the
residence without prior permission of this Court;
4. The
Authorities will release the applicant only if not required in
connection with any other offence for the time being.
5. If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or take appropriate
action in the matter.
6. Bail
bond to be executed before the lower court having jurisdiction to try
the case.
7. 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. D.S. Permitted.
(Akshay
H Mehta, J.)
*
Pansala.
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