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CR.MA/9276/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9276 of 2011
=========================================================
MOHAMMED
SHAFI @ SONU NOORMOHAMMED MALEK - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
IMRAN H PATHAN for
Applicant(s) : 1,MR MT SAIYAD for Applicant(s) : 1,
MR KP RAVAL,
APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 29/07/2011
ORAL
ORDER
1. Counsel
for the applicant submitted that only role attributed to the
applicant in the FIR is that having giving pipe blow to the
complainant that too on non-vital parts of the body such as wrist and
shoulder. He submitted that injured informant was released from the
hospital within short span of one day. He further submitted that
other co-accused except the principal accused has been released on
bail by different order passed by this Court. He further submitted
that the applicant is in jail since 2.9.2010 and the trial is
unlikely to be over shortly. He pointed out that the applicant has
no criminal antecedent.
2. Under
the circumstances, this application is granted. The
applicant is ordered to be released on bail
in connection with the offence registered with Ishanpur Police
Station, Ahmedabad bearing CR No.I 201 of 2010 on applicant executing
a bond of Rs.10,000/- (Rupees: Ten Thousand Only) with one surety of
like amount to the satisfaction of the lower Court and subject to the
conditions that the applicant shall,
(a) not
take undue advantage of or abuse the liberty.
(b) not
act in manner injurious to the interest of the prosecution.
(c) maintain
law and order.
(d) furnish
the address of his residence at the time of execution of bond and
shall not change the residence without prior permission of the trial
Court Court.
(e) surrender
his passport, if any, to the lower court immediately from the date of
this order.
3. The
authorities will release the applicant only if he is not required in
any other offence for the time being.
4. If
breach of any of the above conditions is committed the Sessions Judge
concerned will be free to issue warrant or take any appropriate
action in the matter.
5. Bail-bond
before the lower Court having jurisdiction to try the case.
6. At
the trial, the trial Court shall not be influenced by the
observations, which are purely prima facie, tentative and preliminary
nature and have been made only for the purpose of examining prayer
for bail pending the trial. The Court shall arrive at its own
conclusion independently on the basis of the evidence and other
aspects of the case.
7. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(Akil
Kureshi,J)
pathan
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