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CR.MA/1294620/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12946 of
2008
=========================================================
MAHAMMED
AMJA USMANBHAI SHEIKH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MM TIRMIZI for
Applicant(s) : 1,
MR SP HASURKAR ASST. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 13/10/2008
ORAL
ORDER
1. RULE.
Mr. Hasurkar, learned APP waives the service of rule on behalf of
respondent-State.
2. The
applicant, who has been arrested in connection with C.R. No. I-19 of
2005 by Aslali Police Station, Ahmedabad Rural for the offences
punishable under Section 394, 323 and 114 of the I.P.C. and Section
135(1) of the B.P. Act has preferred this application seeking his
release on regular bail.
3. The
allegation against the present applicant is that he along with other
accused persons committed robbery by throwing chilly powder in the
eyes of the complainant and thereby committed the offences as stated
above.
4. Taking
into consideration the role played by the present applicant and the
manner in which the alleged offence took place and the fact that the
other accused persons have been released by this Court(Coram: Hon’ble
Mr. Justice H.B. Antani) vide order dated 22.08.2008 passed in
Criminal Misc. Application No.9743 of 2008, this application deserves
to be allowed.
5. Accordingly,
the application is allowed. The applicant is ordered to be released
on regular bail in connection with C.R. No.I-19 of 2005 registered
with Aslali Police Station, Ahmedabad(Rural) for the offences alleged
against him in this application on his executing personal bond of
Rs.10,000/-(Rupees Ten Thousand Only)with one 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 misuse his
liberty;
[b] not act in a manner
injurious to the interest of the prosecution;
[c] maintain law and
order;
[d] mark his presence
before the concerned Police Station on 1st Monday of
every month between 9:00 a.m. And 2:00 p.m;
[e] not leave the State
of Gujarat without prior permission of the Sessions Judge
concerned;
[f] furnish the address
of his residence to the I.O. 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.
6. 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.
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.)
Umesh/
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