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CR.MA/2241/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2241 of 2011
In
CRIMINAL
APPEAL No. 1109 of 2010
=====================================
NATUJI
MOTIJI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=====================================
Appearance
:
MR SAMIR J DAVE for
Applicant(s) : 1,
MR KARTIK PANDYA, APP for Respondent(s) :
1,
None for Respondent(s) :
2,
=====================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE P. P. BHATT
Date
: 09/05/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1.0 Rule
was issued on 13th April 2011. The matter was kept for
today for further consideration for the prayer of grant of Regular
Bail. On 13th April 2011, by interim order, the applicant
– convict was ordered to be released on Temporary Bail for a
period of 30 days.
2.0 Learned
advocate Mr. Samir Dave, amicus curiae invited the attention
of the Court to order passed by this Court on
11th
December 2008 in Criminal Misc. Application No. 13555 of 2008 in the
matter of Bhavesh Ganpatbhai Kadiya, order dated 17th
January 2009 in Criminal Misc. Application No. 13928 of 2008 in the
matter of Ghanshyampuri Anandpuri Goswami and last but not the
least, order dated 1st April 2009 in Criminal Misc.
Application No. 11715 of 2008 in the matter of Bharatsinh Parthiji
Vihol. The learned advocate for the applicant also submitted that,
even if, the case of the prosecution is believed, the main role
played by the persons are already granted bail. He, therefore,
pleads for parity.
3.0 Taking
into consideration the submissions made by the learned advocate for
the applicant, the application is allowed. The applicant –
convict is ordered to be released on bail in connection with
Criminal Appeal No. 1109 of 2010 pending before this Court on his
executing a personal bond of Rs.5000/- (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 liberty or abuse liberty;
b) maintain
law and order;
c) not
act in a manner injurious to the interest of the prosecution;
d) furnish
the present address of residence to the I.O. and also to the
lower Court at the time of execution of the bond and shall not change
the residence without prior permission of the Court;
e) mark
his presence before the concerned Police Station once in three
months more particularly between 1st
and 10th days of the month between
10:00 a.m. and 2:00 p.m.;
f) not
leave the limits of the country without prior permission of the
Court;
g) surrender
the Passport, if any, within a week to the lower Court.
3.1 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.
3.2 Bail
before the lower Court having jurisdiction to try the case.
3.3 Rule
is made absolute to the aforesaid extent.
[
Ravi R. Tripathi, J. ]
[
P. P. Bhatt, J. ]
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