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CR.MA/578/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 578 of 2011
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NATUBHAI
DAHYABHAI BARIYA (CHOUHAN) - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=================================================
Appearance :
MR
YUNUS U MALEK for Applicant(s) : 1,MRHBCHAMPAVAT for Applicant(s) :
1,
MR AJ DESAI APP for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 24/02/2011
ORAL
ORDER
Learned
counsel appearing for the applicants submits that investigation
is over and charge sheet is filed and case of the prosecution is
based on circumstantial evidence and even after investigation, no
material has surfaced on record to link the applicant in commission
of the alleged crime. It is further submitted that certain calls
received on the mobile of the accused and other aspects of section
27 of the Evidence Act – Panchnama are in the realm of
evidence to be led before the court concerned. It is further
submitted that the applicant 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.
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 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 C.R.No.I-105/2010 of Vasad Police Station
for the offences punishable under sections 302, 201, and 114 of the
Indian Penal Code, on furnishing 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 injurious 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 a.m.
and 2 p.m .
[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.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free 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.
[Anant
S. Dave, J.]
*pvv
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