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CR.MA/9806/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9806 of 2011
=========================================================
RAVISINH
RAGHURAJSINH TOMAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
ARVIND K THAKUR for
Applicant(s) : 1,MR KS TAMAYACHE for Applicant(s) : 1,
MRS.
MANISHA L. SHAH, ADDL. PUBLIC PROSECUTOR for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 14/07/2011
ORAL
ORDER
RULE.
Learned APP waives service of notice of Rule for the respondent –
State.
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.499/2009 with Naroda Police Station, Ahmedabad for the
offences punishable under Sections 365, 387, 120(B), 506(1), 323,
504 and 452 of Indian Penal Code and u/s. 25(1)A of the Arms Act.
Learned
Counsel appearing for the applicant submits that the charge-sheet is
filed and the other three co-accused, having almost similar role
have been enlarged by the Co-ordinate Bench vide three orders –
a) order dated 24.02.2010 passed in CR.MA No.1514/2010, b) order
dated 09.04.2010 passed in CR.MA No.2361/2010 and c) order dated
28.10.2010 passed in CR.MA No.12589/2010 and hence, by imposing
suitable conditions, the applicant may be enlarged on bail.
Heard
learned APP Mrs. Manisha L. Shah for the respondent-State.
Having
heard learned Counsels 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, by imposing
suitable conditions, 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.499/2009 with
Naroda Police Station, Ahmedabad, 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 he shall;
a) not take undue advantage of liberty
or misuse liberty;
b) not act in a manner injurious to
the interest of the prosecution;
c) surrender his passport, if any, to
the lower court within a week;
d) not leave the State of Gujarat
without prior permission of the Sessions Judge concerned;
e) mark presence at the concerned
Police Station on the first Sunday of every month between 10.00 a.m.
and 3.00 p.m. for three months only;
f) furnish the present 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 the residence
without prior permission of this 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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