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CR.MA/4084/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4084 of 2011
=================================================
MOHAMMED
HANIF @ LELA HUSENBHAI BELIM - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=================================================
Appearance :
MR
SANJAY PRAJAPATI for Applicant(s) : 1,
MR AJ DESAI APP for
Respondent(s) : 1,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 29/03/2011
ORAL
ORDER
Rule.
Learned APP waives service of rule.
Learned
counsel appearing for the applicant submits that investigation
is over and charge sheet is filed. It is further submitted
that considering the nature of allegations, role
attributed to the applicant and the punishment prescribed for the
offices, by imposing suitable conditions, the applicant may be
enlarged on bail.
Heard
learned APP for the respondent – State.
Having
heard learned counsel for the parties and perusing the record of the
case and taking into consideration the facts of the case, nature of
allegations, role attributed to the accused and punishment
prescribed for the alleged offences, coupled with the fact that the
charge sheet is filed, without discussing the evidence in detail, at
this stage, I am inclined to enlarge the applicant on bail in
connection with C.R.No.I-301/2009 of Vatva Police Station for the
offences punishable under sections 379 of the Indian Penal Code, on
furnishing bond of Rs.10,000/- (Rupees ten thousand only) with one
surety of the like amount to the satisfaction of the lower Court and
on conditions that the applicant shall :
[a] not take
undue advantage of liberty or abuse liberty;
[b] not act in
a manner injurious to the interest of the prosecution;
[c] maintain
law and order;
[d] mark
presence before the concerned Police Station on every 1st
and 15th day of English Calender month between 11.00 a.m.
and 2 p.m .
[e] not leave
the State of Gujarat without prior permission of the Sessions Judge
concerned;
[f] furnish the
address of residence at the time of execution of the bond and shall
not change the residence without prior permission of this Court;
[g] surrender
passport, if any, to the Lower Court immediately;
[h] shall not
enter into the city and district of Ahmedabad for a period of 6
months except for marking presence and attending the trial.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
Bail
before the Lower Court having jurisdiction to try the case.
Rule
is made absolute. Direct service is permitted.
[Anant
S. Dave, J.]
*pvv
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