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CR.MA/13238/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13238 of 2010
=========================================
NOOR
MOHAMMAD @ JAVED KISMAT MANSURI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR
SIKANDER SAIYED for Applicant(s) : 1,
MR HL JANI ADDITIONAL PUBLIC
PROSECUTOR for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 01/12/2010
ORAL
ORDER
The
present application is filed by the applicants under Section 439 of
the Code of Criminal Procedure, 1973, for enlarging them on regular
bail in connection with the offence being CR No. I – 65 of 2010
registered with Limbayat Police Station, District : Surat, for the
offence u/s. 302, 504, 114 and 188 I.P. Code.
Heard
learned Advocate for the applicant and learned A.P.P. for the
respondent. I have also perused the papers produced before me.
Learned Advocate for the applicant has contended that no prima facie
case is made out against the applicant. He has also contended that
no there is no role attributed to the applicant looking to the FIR
and no circumstantial evidence is brought on record. Learned APP has
vehemently opposed this application. However, both the parties do
not press for any reasoned order.
Having
heard the learned Counsel for both the sides and looking to the
facts and circumstances of the case, statement of the witnesses, and
the fact that now the charge-sheet is filed, I am inclined to grant
bail to the applicant.
Considering
the above, this Application is allowed. The applicants are ordered
to be released on bail in connection with CR No. I – 65 of 2010
registered with Limbayat Police Station, Dist.: Surat, for the
offences alleged against him in this application on executing a Bond
of Rs.10,000/- (Rupees ten thousand only) with one solvent 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 his liberty or abuse his liberty;
b) not
to try to tamper or pressurize the prosecution witnesses or
complainant in any manner;
c) maintain
law and order and shall cooperate the Investigating Officers;
d) not
act in a manner injurious to the interest of the prosecution;
e) not
leave the State of Gujarat without the prior permission of the
concerned Sessions Judge.
f) furnish
the 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;
h) surrender
his passport, if any, to the lower Court within a week.
i) shall
mark his presence before the concerned Police Station on 15th
day of every English calender month till the trial against him is
completed.
If
breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or take appropriate
action in the matter.
Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
Rule
is made absolute. Direct service is permitted.
(Z.K.SAIYED,J.)
ynvyas
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