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CR.MA/11096/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11096 of 2011
=========================================
PANKAJBHAI
LAXMIDAS JOTANGIYA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR SK PATEL for Applicant(s) :
1,
MS MANISHA L SHAH ADDL. PUBLIC PROSECUTOR for Respondent(s) :
1, MR ND NANAVATY for
Complainant.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 05/08/2011
ORAL
ORDER
Rule.
Learned APP, waives service of rule on behalf of respondent-State.
Learned
advocate for the applicant submits that in an order dated 2nd
August, 2011 passed in Criminal Misc. Application No.10721 of 2011 a
modus was worked out between the applicant and the complainant
therein and considering the above aspect, by imposing suitable
conditions the applicant may be enlarged on bail.
Considering
the above prima facie aspects of the matter and subject to
availability of the applicant during trial, I find this is a fit case
for granting bail. Under the circumstances, the applicant is ordered
to be released on bail in connection with C.R. No.I-3 of 2011 with
Gondal City Police Station, Rajkot, on his furnishing bond of Rs.
5000/-(Rupees Five Thousand) with one surety of like amount to the
satisfaction of the lower Court and subject to following conditions :
not
take undue advantage of his liberty or abuse his liberty;
not
act in a manner injurious to the interest of the prosecution;
maintain
law and order;
mark
his presence before the concerned Police Station on every 1st
and 15th day of English Calendar month between 11:00 am
to 2:00 pm:
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
furnish
the address of his residence at the time of execution of the bond
and shall not change the residence without prior permission of this
Court;
surrender
his passport, if any, to the Lower Court immediately.
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
is made absolute to the aforesaid extent. D.S. Permitted.
(ANANT
S. DAVE, J.)
//smita//
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