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CR.MA/12260/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No.12260 of 2010
===================================================
MOHIT
MAGANBHAI GAJIPARA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
===================================================
Appearance
:
MR JL HAJARE for Applicant(s) :
1,
MR HEMANG PARIKH, APP for Respondent(s) :
1,
===================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 27/10/2010
ORAL
ORDER
Heard
learned advocate Mr.Hajare for the applicant and learned APP
Mr.Parikh for the respondent State.
This
application has been preferred under Section 439 of the Code of
Criminal Procedure, 1973 for enlarging the applicant on bail in
connection with the FIR being CR No. I 15 of 2010 registered
with Gondal City Police Station, Dist. Rajkot for the offence u/ss.
394, 395, 396, 397, 120(b) and 201 of the I.P. Code, Section
25(1-B)(A) of the Arms Act and Section 135 of the Bombay Police Act.
Heard
learned advocate for the applicant and learned APP for the
respondent-State. I have also perused the papers produced before me.
Learned APP has vehemently opposed this application. However,
both the parties do not press for any reasoned order.
Having
heard the learned counsel for both the parties and looking to the
facts and circumstances of the case that other co-accused of the
present FIR have been released on bail and perusing the papers
produced before me, I am incline go grant bail to the applicant.
Considering
the above, this Application is allowed. The applicant is ordered to
be released on bail in connection with CR No.I-15 of 2010 registered
with Gondal City Police Station, Dist. Rajkot, for the offence
alleged against him in this application on his executing a Bond of
Rs.10,000/- (Rupees ten thousand only) with one solvent 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
to try to tamper or pressurise the prosecution witnesses or
complainant in any manner;
c) maintain
law and order and should cooperate the Investigating Officers;
d) not
act in a manner injurious to the interest of the prosecution;
e) not
leave the country without the prior permission of the concerned
Sessions Judge.
f) furnish
the 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 the residence
without prior permission of this Court;
g) surrender
his passport, if any, to the lower Court within a week.
If
breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or take appropriate
action in the matter.
Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
Rule
is made absolute. Direct service is permitted.
Sd/-
(Z.K.SAIYED,J.)
Bhavesh*
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