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CR.MA/5481/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5481 of 2010
=========================================================
MUSA
NOORMOMMED GUNGA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
SANDEEP R LIMBANI for
Applicant(s) : 1,
MR RC KODEKAR, Additional Public Prosecutor for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 31/05/2010
ORAL
ORDER
Rule.
Mr.R.C. Kodekar, learned APP waives service of Rule on behalf of
respondent State. By consent, Rule is fixed forthwith.
The
applicant accused, who has been named as accused in II.CR.
No.623 of 2010 registered with GUVNL Police Station, Rajkot zone,
for the offence punishable under Sections 135, 138 and 150 of the
Electricity Act, has moved this Court under Section 439 of the Code
of Criminal Procedure for seeking bail pending investigation and
trial.
The
accused moved the application being Criminal Misc. Application No.
396 of 2010 before the concerned Sessions Court, which came to be
rejected on 28.4.2010.
This
Court has taken into consideration the documents produced on record
and the reasoning assigned by the Sessions Court while rejecting the
bail application of the applicant.
Looking
to the averments made in the application and the offences alleged,
Court is inclined to exercise discretion in favour of the applicant
accused.
The
aforesaid observations are made only for the purpose of examining
the prayer for bail pending trial. These observations are
prima-facie and shall have no bearing whatsoever upon the trial and
the trial Court shall not be influenced by it in any way and come to
its own conclusion after analyzing the evidence that may be led
during the trial.
Considering
the submissions made on behalf of the parties and having regard to
the circumstances and facts of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with Crime Register No.II-623 of 2010 registered with GUVNL Police
Station, Rajkot zone on his executing a bond of Rs.5,000=00/-
(Rupees Five Thousand only) with one surety of the like amount to
the satisfaction of the lower Court and subject to the conditions
that he shall :
(a) not
take undue advantage of his liberty or misuse his liberty:
(b) not
act in a manner injurious to the interest of the prosecution:
(c) maintain
law and order;
(d) not
leave the State of Gujarat without the prior permission of the
Sessions Court concerned;
(e) furnish
the address of his residence at the time of execution of the bond and
shall not change the residence without prior permission of this
Court;
(f)
mark his presence before concerned Police Station on every 15th
day of each English Calendar month initially for a period of 6
months between 9.00 a.m. to 2.00 p.m.
(g) surrender
his passport, if any, to the lower Court within a week.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or 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.
(S.R.BRAHMBHATT,
J.)
(raghu)
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