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CR.MA/11589/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11589 of 2010
=========================================================
RAMANKUMAR
RAMLAL BAIRAGI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MOUSAM R YAGNIK for
Applicant(s) : 1,
MS MINI NAIR, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 06/10/2010
ORAL
ORDER
1. Present
application has been filed by the applicant-accused for grant of
regular bail under Section 439 of Criminal Procedure Code.
2. The
applicant accused is charged with having committed offences
punishable under Sections 394 and 114 of the Indian Penal Code, for
which, FIR being I CR No.30 of 2010 has been registered with Dahej
Police Station, Bharuch.
3. Learned
advocate, Mr Mousam R Yagnik for the applicant submitted that
considering the nature of offence and the fact that the charge-sheet
is filed and other co-accused has been released on bail as per the
order passed in Criminal Misc. Application No.11662 of 2010 dated
4.10.2010, the present application may be allowed.
4. Learned
APP, Ms Mini Nair resisted the present application.
5. Having
heard learned advocate Mr Mousam R Yagnik for the applicant-accused
and learned APP Ms Mini Nair for the State and having considered the
nature of offence, role attributed and also considering the fact that
the charge-sheet has been filed and other co-accused has been
released on bail, the present application deserves to be allowed.
6. Accordingly,
the present application is allowed. The applicant is ordered to be
released on regular bail in connection with I CR No.30 of 2010
registered with Dahej Police Station, Bharuch on his executing a bond
of Rs.5,000/- (Rupees five thousand only) with one solvent 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 abuse his liberty.
(b) not
try to tamper or pressurize the prosecution witnesses or complainant
in any manner.
(c) not
act in any manner injurious to the interest of the prosecution.
(d) maintain
law and order and should cooperate the investigating officers.
(e) furnish
the address of his residence to the Investigating Officer and also to
the Court at the time of execution of the bond and shall not change
his residence without prior permission of the Court.
(f) surrender
his passport, if any, to the lower Court, within a week.
(g) mark
his presence before concerned Police Station 1st day of
every calender month between 11:00 AM and 2:00 PM till the trial
commences.
7. 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.
8. 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.
9. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(RAJESH
H.SHUKLA, J.)
mrpandya
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