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CR.MA/11715/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11715 of 2010
=========================================================
KIRTAAN
BHIMJI DAMOR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
VH KANARA for Applicant(s) : 1,MRVINODMGAMARA for Applicant(s) :
1,MRMANRAJABAROT for Applicant(s) : 1,
MS NAIR APP for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 20/10/2010
ORAL
ORDER
The
present application has been filed by the applicant for grant of
regular bail after the charge-sheet under Section 439 of Criminal
Procedure Code in connection with FIR being I-C.R.No. 30 of 2009
registered with Jamjodhpur Police Station, Tal. Jamjodhpur,
Dist.Jamnagar for the offence punishable under Sections 397, 395,
34 and 504 of Indian Penal Code and 25(1)(a)(b) of Arms Act.
Learned
advocate, Mr.V.H.Kanara, referring to the FIR and other papers,
submitted that considering the nature of offence as discussed in
impugned judgment and order dated 30.8.2010, present application may
be allowed, as now the charge-sheet has been filed.
Ms.Mini
Nair, learned APP, resisted the application and she has also
submitted that applicant has been attributed with specific role.
Having
heard learned advocate Mr.V.H.Kanara, for the applicant, learned
APP, Ms.Nair for respondent-State and having considered the nature
of offence, manner in which it is alleged to have been committed,
role attributed and also considering the fact that charge-sheet has
now been filed, the present application deserves to be allowed.
Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with I-C.R.No. 30 of 2009
registered with Jamjodhpur Police Station, Tal. Jamjodhpur,
Dist.Jamnagar on his executing a bond of Rs.5,000/- (Rupees Five
Thousand) with one solvent surety of the 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
to try to tamper or pressurize the prosecution witnesses or
complainant in any manner.
(c) not
act in any manner injurious to the interest of the prosecution.
(d) maintain
law and order and should cooperate the investigating officers.
(e) mark
his presence before concerned Police Station on 1st Monday
of every month between 11.00 AM to 2.00 PM till the trial commences.
(f) furnish
the address of his residence to the Investigating Officer and also to
the Court at the time of execution of the bond and shall not change
his residence without prior permission of the Court.
(g) surrender
his passport, if any, to the lower Court, within a week.
If
breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or take appropriate
action in the matter.
Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
Rule
is made absolute. Direct service permitted.
(RAJESH
H.SHUKLA, J.)
(ashish)
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