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CR.MA/9272/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9272 of 2010
=========================================================
SAMIR
@ LALO RAJESHBHAI SHAH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
HARDIK S SONI for
Applicant(s) : 1,
MR KARTIK PANDYA ADDL PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 07/09/2010
ORAL
ORDER
RULE.
Learned Additional Public Prosecutor Mr.Kartik Pandya waives
service of Rule on behalf of the State.
This
application is preferred under Section 439 of the Code of Criminal
Procedure seeking regular bail.
Heard
learned advocate for the petitioner and learned Additional Public
Prosecutor. I have also perused the averments made in the application
as well as the FIR produced on the record. Learned counsel for the
petitioner submitted that the petitioner is in jail since nearly one
year and that he has no other criminal antecedence. All co-accused of
the petitioner have been released by this Court by different orders.
Considering the above, I am of the view that the petitioner is
required to be enlarged on regular bail at this stage, without
discussing the evidence in detail.
In
the facts and circumstances of the case, the application is allowed
and the petitioner is ordered to be enlarged on bail in connection
with CR No.I-133 of 2009 registered at C Division Police
Station, Bhavnagar on executing a bond of Rs.25,000/- [Rupees Twenty
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 his liberty or abuse his 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 the prior permission of the
Sessions court concerned;
[e] mark
his presence at the concerned Police Station on any day of every
first week of English calendar month between 9.00 AM and 2.00 PM.
till the trial is over;
[f] furnish
the present address of his residence to the I.O. and also to the
Court at the time of execution of the bond and shall not change his
residence without prior permission of this Court;
[g] maintain
law and order.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or to take appropriate
action in the matter.
Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
Rule
is made absolute to the aforesaid extent.
Direct
Service is permitted.
(
AKIL KURESHI, J. )
kailash
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