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CR.MA/8175/2006 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8175 of 2006
=========================================
MAHENDRASINH
DOLATSINH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
DEVENDRA K RATHOD for Applicant(s) : 1,MR RATHIN P RAVAL for
Applicant(s) : 1,
Mr H M Prachhak, Additional Public Prosecutor
for Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
Date
: 18/08/2006
ORAL
ORDER
Rule. Learned APP
waives service of notice of Rule.
2. Heard learned advocate
for the applicant and learned Additional Public Prosecutor for the
State.
3. Following aspects are
considered :-
(1) The applicant is
facing charges for offences punishable under section 489 A, B, C, D,
E and 120-B of IPC.
(2) The investigation is
over and charge sheet is filed.
(3) Prima facie, the
only evidence against the applicant is in the form of statement of
Pravinsinh Chaudhary who claims to have sold the xerox machine to
accused Kishorebhai and implicates the applicant to the extent of
accompanying Kishorebhai at the time of taking delivery and making
payment.
(4) The applicant has no
criminal antecedents.
(5) The applicant is aged
21 years.
In the opinion of this
Court, bail cannot be denied to the applicant.
4. The application is
allowed and the applicant is ordered to be released on bail in
connection with Crime Register No.I-48 of 2006 of ‘A’ Division
Police Station, Bharuch 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 lower 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) maintain law and
order;
(d) mark his presence
before the concerned Police Station on 2nd Sunday of
every even numbered English calendar 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 at the time of execution of the bond and shall not
change the residence without prior permission of this Court;
4. 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.
5. Bail before the Lower
Court having jurisdiction to try the case.
6. Rule is made absolute.
7. Direct service is
permitted.
[ A. L. DAVE,
J. ]
msp
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