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CR.MA/2875/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2875 of 2011
=========================================================
RAFIK
ALIAS MELADI MAHEMMADBHAI SAIYAD - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
MB PARIKH for
Applicant(s) : 1,
MR AJ DESAI, ADDITIONAL PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 25/03/2011
ORAL
ORDER
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with First Information Report registered as
I-C.R. No.28/2007 with Savarkundla Police Station, Amreli for the
offences punishable under Sections 363, 366, 323 and 506(2) of
Indian Penal Code.
Learned
Counsel appearing for the applicant submits that during pendency of
trial, the applicant and the victim entered into a matrimonial
tie-up and stayed together. The applicant failed to remain present
before the Trial Court on the day of listing of the case and
bailable warrant came to be issued and an application for
cancellation of the bailable warrant also came to be rejected.
In
the above circumstances, it is submitted that henceforth, the
applicant would remain present before the Court unless or exempted
by the Court and by imposing suitable conditions, the applicant may
be enlarged on bail.
Heard
learned APP Mr. AJ Desai 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 applicant, I deem it just and
proper to enlarge the applicant on bail.
Learned
Counsels for the parties do not press for further reasoned order.
In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with First Information Report registered as I-C.R. No.28/2007 with
Savarkundla Police Station, Amreli, on executing a bond of
Rs.5,000/- (Rupees Five Thousand Only) with one surety of the like
amount to the satisfaction of the Trial Court and subject to the
conditions that;
The
applicant shall remain present before the concerned Court as and
when his presence is sought for and as required by the Court.
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
made absolute. Direct Service is permitted.
Sd/-
(Anant
S. Dave, J.)
Caroline
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