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CR.MA/11977/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11977 of 2010
=======================================================
SAHEJADKHAN
YUSUFKHAN PATHAN - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=======================================================
Appearance :
MR
AFTABHUSEN ANSARI for Applicant(s) : 1,
MS ML SHAH APP for
Respondent(s) :
1,
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 14/10/2010
ORAL
ORDER
Rule.
Ms.M.L. Shah, learned Additional Public Prosecutor waives service of
notice of Rule on behalf of the Respondent-State of Gujarat.
The
present application has been filed by the applicant-accused under
Section 439 of Criminal Procedure Code for regular bail after filing
of the chargesheet.
The
applicant-accused is charged with having committed offences
under Sections 392 and 114 of the Indian Penal Code, for which, FIR
being I-C.R.No.684/2009 has been lodged at Ellish Bridge Police
Station.
Learned
counsel, Mr.Ansari for the applicant submitted that he has been
arrested on the basis of the statement of the co-accused and,
therefore, considering the nature of offence and role, the present
application may be allowed as now the chargesheet has been filed
Learned
A.P.P., Ms.Shah resisted the present application and submitted that
there are other three cases registered against him. She further
submitted that the cold has been recovered at his instance
suggesting prima-facie case.
Having
heard learned counsel appearing for the applicant-accused and
learned A.P.P. for the State and considering the nature of offence,
role attributed and also the fact that the chargesheet has now been
filed, the present application deserves to be allowed.
Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with I-C.R.No.684/2009
registered with Ellish Bridge Police Station 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
to 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.
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 to the aforesaid extent. Direct service permitted.
(RAJESH
H.SHUKLA, J.)
/patil
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