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CR.MA/14390/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14390 of 2010
=================================================
MOHMAD
JAHID MOHMAD RAUFKHAN PATHAN - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=================================================
Appearance :
MR
MOUSAM R YAGNIK for Applicant(s) : 1,
MR LR PUJARI APP for
Respondent(s) : 1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 01/12/2010
ORAL
ORDER
Rule.
Learned APP, waives service of notice of Rule for respondent –
State.
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
CR No.I 35/2010 with Jasdan Police Station, District Rajkot for the
offences punishable under Sections 408, 407, 120-B, 34 etc. of the
Indian Penal Code.
Learned
counsel appearing for the applicant submits that now the
investigation is over and charge sheet is filed and co-accused are
enlarged on bail. Learned counsel further submits that considering
the nature of allegations, role attributed to the applicant, bail
may be granted in exercise of powers under section 439 of the Code.
Heard
learned APP for the respondent – State.
In
the facts and circumstances of the case and
considering the nature of allegations
coupled with the fact that charge sheet is filed, without
discussing the evidence in detail, prima facie, this Court is of the
opinion that this is a fit case to exercise the discretion to
enlarge the applicant on bail.
Learned
counsel for the parties do not press for further reasoned order.
In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with first information report registered at C.R. No.I 35/2010 with
Jasdan Police Station, District Rajkot on executing a bond of
Rs.5,000/- (Rupees Five thousand only) with one surety of the like
amount to the satisfaction of the trial Court and subject to the
conditions that he shall;
not
take undue advantage of liberty or misuse liberty;
not
act in a manner injurious to the interest of the prosecution;
surrender
passport, if any, to the lower court within a week;
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
mark
presence at the concerned police station on the first Sunday of
every month between 10.00 a.m. and 3.00 p.m. for three months;
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 the
residence without prior permission of this Court;
The
Authorities will release the applicant only if not required in
connection with any other offence for the time being.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or 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 applicant on bail.
Rule
is made absolute to the aforesaid extent. D.S. Permitted.
(ANANT
S. DAVE, J.)
*pvv
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