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CR.MA/3385/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3385 of 2010
=========================================================
SANTOSHI
@ RINKI W/O ALPESHBHAI @ APPU PANKAJBHAI THAKAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MS
KRISHNA U MISHRA for
Applicant(s) : 1,
MR DEVANG VYAS, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 23/04/2010
ORAL
ORDER
1. This
is an application preferred under Section 439 of the Code of Criminal
Procedure by the applicant who came to be arrested in connection with
CR No. II-3229 of 2009 registered at Ishanpur Police Station for the
offence punishable under Sections 3, 5, 6 and 7 of the Prevention of
Immoral Traffic Activities Act.
2. Considering
the rival submissions and on perusal of the role attributed to the
applicant as reflected in the FIR as well as the police papers and
since the co-accused is already enlarged on bail by this Court vide
order dated 8.3.2010 passed in Criminal Misc. Application No.1749 of
2010, I am of the view that the applicant also deserves to be
enlarged on bail even on the ground of parity.
3. In the facts and
circumstances of the case, the application is allowed and the
applicant is ordered to be enlarged on bail in connection with CR No.
II-3229 of 2009 registered at Ishanpur Police Station on executing a
bond of Rs.10,000/- [Rupees ten thousand only] with one surety of the
like amount to the satisfaction of the Trial Court and subject to the
conditions that she shall:
[a] not take undue
advantage of her liberty or abuse her liberty;
[b] not act in a manner
injurious to the interest of the prosecution;
[c] surrender her
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] furnish the present
address of her residence to the I.O. and also to the Court at the
time of execution of the bond and shall not change her residence
without prior permission of this Court;
[f] maintain law and
order.
4. 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.
5. Bail bond to be
executed before the lower Court having jurisdiction to try the case.
6. 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.
7. Rule is made absolute
to the aforesaid extent. Direct service is permitted.
[H.B.ANTANI,
J.]
mrpandya
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