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CR.MA/3224/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3224 of
2010
=================================================
MANSUR
HAFIZABDUL PATHAN - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=================================================
Appearance
:
MR AZIZ AN ALVI for
Applicant(s) : 1,
MR DC SEJPAL ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 26/04/2010
ORAL
ORDER
This
is an application preferred under section 439 of the Code of
Criminal Procedure, 1973 by the applicant who has been arrested in
connection with I-C.R.No.251 of 2008 registered at Kalol Police
Station for the offences punishable under sections 379 and 114 of
Indian Penal Code as well as sections 3 and 7 of Essential
Commodities Act.
Heard learned counsel
Mr.Alvi for the applicant and Mr.D.C.Sejpal, learned APP for
respondent State at length and in great detail.
I
have considered the role attributed to the applicant as reflected in
First Information Report as well as police papers. The statements of
witnesses are also perused by me. The main accused is already
released on bail by the Sessions Court. Considering the aforesaid
facts and circumstances and the role attributed to the applicant,
he, in my view, deserves to be enlarged on bail.
For
the foregoing reasons, application is allowed and the applicant is
ordered to be enlarged on regular bail in connection with
I-C.R.No.251 of 2008 registered at Kalol Police Station on executing
a bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of
the like amount to the satisfaction of the Trial 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] surrender his
passport, if any, to the lower Court within a week;
[d] not leave the State
of Gujarat without the prior permission of the Sessions Court
concerned;
[e] mark his presence at
the concerned Police Station on any day of every first week of
English calender month between 9.00 AM and 2.00 PM till the trial is
over;
[f] 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 his residence
without prior permission of this Court;
[g] maintain law and
order.
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.
Bail bond to be executed
before the lower Court having jurisdiction to try the case.
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 petitioner on bail.
Rule is made absolute to
the aforesaid extent. Direct Service is permitted.
(H.B.ANTANI,
J.)
Amit/-
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