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CR.MA/1149/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1149 of
2010
=========================================================
SHAILANISHA
RAMJUSHA FAKIR SHAMDAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MRHARSHITSTOLIA
for
Applicant(s) : 1
MR UA TRIVEDI, ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date : 17/02/2010
ORAL ORDER
This
is an application preferred under section 439 of the Code of
Criminal Procedure, 1973 by the applicant who has been arrested in
connection with I-C.R.No.43 of 2004 registered at Una Police Station
for the offences punishable under sections 143, 147, 148, 149 and
326 of Indian Penal Code as well as under section 135 of the Bombay
Police Act.
Considering
the rival submissions canvassed by learned counsel of both the sides
and on perusal of the order passed by the court below and the
reasons assigned therein, I of the view that applicant deserves to
be enlarged on bail.
For
the foregoing reasons, the application is allowed and the applicant
is ordered to be enlarged on regular bail in connection with
I-C.R.No.43 of 2004 registered at Una 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 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 calender 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 by the present
applicant, bail granted to him shall automatically cancelled.
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 petitioner on bail.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(H.B.ANTANI,
J.)
Amit/-
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