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CR.MA/1017/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1017 of 2010
=========================================================
SEKAN
@ NARESH BHOJA PASAYA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ATIT D THAKORE for
Applicant(s) : 1,
MR KP RAWAL, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 19/02/2010
ORAL
ORDER
Learned
advocate for the applicant submitted that the applicant is not
involved in any criminal cases previously, investigation is over and
charge-sheet is filed. He further drew my attention to the statement
of the husband of the complainant. He submitted that complaint was
lodged after considerable delay.
I
have also heard learned APP for the State.
Primarily
considering the material collected by the investigating agency, fact
that petitioner has no criminal antecedents, that investigation is
over and charge-sheet is filed and further that trial is likely to
take a long time to be completed, I find that custody of the
petitioner is not longer necessary.
Under
the circumstances, the applicant is ordered to be released on bail in
connection with C.R. No. I-84/2009 on his furnishing bond of Rs.
5000/-(Rupees Five Thousand) with one surety of like amount to the
satisfaction of the lower Court and subject to following conditions
that he shall:
not
take undue advantage of his liberty or abuse his liberty;
not
act in a manner injurious to the interest of the prosecution;
maintain
law and order;
mark
his presence before the Kalavad Police Station, Jamnagar on every
1st and 15th day of English Calendar month
between 11:00 am to 2:00 pm:
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
furnish
the address of his residence at the time of execution of the bond
and shall not change the residence without prior permission of this
Court;
surrender
his passport, if any, to the Lower Court immediately.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
Bail
before the Lower Court having jurisdiction to try the case.
Rule
is made absolute. Application is disposed of accordingly.
Direct
service is permitted.
(Akil
Kureshi,J.)
(raghu)
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