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CR.MA/1949/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1949 of 2011
=================================================
NADIMHUSEN
MAHMAD UMAR ABDUL GAFUR QURESHI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=================================================
Appearance :
MR
CHETAN B RAVAL for Applicant(s) : 1,
MR AJ DESAI APP for
Respondent(s) : 1,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 18/02/2011
ORAL
ORDER
Rule.
Mr. 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 33/2010 with DCB Crime at Ahmedabad Police Station, for the
offences punishable under Sections 399 of the Indian Penal Code and
Section 25(1)(B) of the Arms Act.
Learned
counsel appearing for the applicants submits that the co-accused is
enlarged on bail by order dated 04.02.2011 passed by the learned
Single Judge and trial is likely to take considerably long time. 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 and other attending
circumstances, 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, without discussing the evidence
in detail, at this stage, I am inclined 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 33/2010 with
D.C.B. Crime At Ahmedabad Police Station 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 only;
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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