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CR.MA/10069/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
NOTE
FOR SPEAKING TO MINUTES
IN
CRIMINAL
MISC.APPLICATION No. 10069 of
2011
=================================================
NAEEM
AHMED NIZAMUDDIN CONTRACTOR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=================================================
Appearance :
MR
CHIRAG B PATEL for Applicant(s) : 1,
MS ML SHAH APP for
Respondent(s) : 1,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 04/08/2011
ORAL
ORDER
Having
heard learned advocate for the applicant, learned APP for the
respondent – State of Gujarat and considering the facts and
circumstances of the case, it appears that due to inadvertence, order
dated 28.07.2011 passed in Criminal Misc. Application No.10263 of
2011 is transcribed in Criminal Misc. Application No.10069 of 2011.
Hence, this note for speaking to minutes is allowed in the following
terms:-
Now,
order dated 28.07.2011 passed in Criminal Misc. Application No.10069
of 2011 be read as under:-
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with First Information Report registered as
I-C.R. No.33/2011 with Ankleshwar
Rural Police Station, Bharuch for the offences punishable
u/s. 204, 409, 114, 467 and 120(B)
of the Indian Penal Code, u/s. 3(b) of the Prevention of Damage to
Public Property Act, 1984 and u/s. 13(1)(c) and (d)(2) of the
Prevention of Corruption Act.
Learned
Counsel appearing for the applicant submits that
the charge-sheet is filed and the co-accused – a scrap dealer is
enlarged on bail by this Court and hence, by imposing suitable
conditions, the applicant may be enlarged on bail.
Heard
learned APP Mrs. Manisha L. Shah for the respondent-State.
Having
heard learned Counsels 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 applicant, by imposing
suitable conditions, I deem it just and proper to enlarge the
applicant on bail.
Learned
Counsels 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 as I-C.R. No.33/2011
with Ankleshwar Rural Police Station, Bharuch, 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;
a)
not take undue advantage of liberty or misuse liberty;
b)
not act in a manner injurious to the interest of the prosecution;
c)
surrender his passport, if any, to the lower court within a week;
d)
not leave the State of Gujarat without prior permission of the
Sessions Judge concerned;
e)
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;
f)
furnish the present address of his residence to the Investigating
Officer 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
made absolute. Direct Service is permitted.”
[Anant
S. Dave, J.]
*pvv
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