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CR.MA/1233320/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12333 of
2008
=========================================================
NIKHILBHAI
HASMUKHBHAI TANK - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ASHISH M DAGLI for
Applicant(s) : 1,
MR MR MENGDEY ASST. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 16/10/2008
ORAL
ORDER
1. RULE.
Mr. Mengdey, learned APP waives the service of rule on behalf of
respondent-State.
2. The
applicant who has been arrested in connection with C.R. No. I-53 of
2008 by Viramgam Police Station for the offences punishable under
Section 143,147, 148, 149, 323, 324, 506(2), 325, 326 and 504 of the
I.P.C. has preferred this application seeking his release on regular
bail.
3. The
allegation against the applicant is that
he
along with other accused persons, by forming illegal association,
attacked the complainant with a view to compel the complainant to
vacate his house and thereby committed the offences as stated
above.
4. Taking
into consideration the nature of offence and the fact that the
co-accused is released by this Court, this application deserves to be
allowed.
5. Accordingly,
the application is allowed. The applicant is ordered to be released
on regular bail in connection with C.R. No. I-53 of 2008 registered
with Viramgam Police Station for the offences alleged against him in
this application on his executing personal bond of Rs.10,000/-(Rupees
Ten 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] mark
his presence before the concerned Police Station on 1st
Monday of every month between 9:00 a.m. and 2:00 p.m till the trial
is over;
[e] not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
[f] furnish
the address of his residence to the I.O. at the time of execution
of the bond and shall not change the residence without prior
permission of this Court;
[g] surrender
his passport, if any, to the Lower Court, within a week.
6. 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.
7. Bail
before the lower Court having jurisdiction to try the case.
8. Rule
is made absolute. Direct service is permitted.
(M.D.
Shah,J.)
Umesh/
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