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CR.MA/3620/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3620 of 2011
=========================================================
MOINALI
FAIZALI SAIYED - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
DM AHUJA for
Applicant(s) : 1,
MR KL PANDYA, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 22/03/2011
ORAL ORDER
1. Rule.
Learned APP, waives service of notice of Rule for respondent –
State.
2. Learned
counsel for the applicant submits that charge-sheet is filed and
other two co-accused have already been enlarged on bail by this
Court. It is further submitted
that the applicant has roots in the society, will not flee from
justice and will cooperate with the investigation as and when called
for. It is further submitted that in view of the above, the applicant
may be enlarged on bail.
3. Heard
Learned APP for the respondent – State.
4. 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 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 CR
No.I-70 of 2010
with Kheda
Town Police Station
for the offences punishable under sections 392 and 114 of the Indian
Penal Code and Section 25(1)(A) of the Arms Act, on furnishing a 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 injuries 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 am
and 2 pm.
[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;
5. If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
6. Bail
before the Lower Court having jurisdiction to try the case.
7. Rule
made absolute. Direct service is permitted.
[ANANT
S. DAVE, J.]
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