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CR.MA/15651/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 15651 of 2011
=========================================================
SURESHBHAI
RAMESHBHAI DANTANI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
Mr.
G.R. Manav for MR
JK PARMAR for
Applicant
Ms.
Krina Calla, APP, for
respondent
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 18/11/2011
ORAL
ORDER
Rule.
Learned APP waives service of Rule.
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
C.R.No.I-185 of 2011 with Sola High Court police station for the
offences punishable under Sections 394 and 114 of the Indian Penal
Code and S.135 of the B.P. Act.
Heard
learned counsel for the parties and perused the record.
Learned
counsel for the applicant submits that the co-accused is enlarged on
bail and the investigation is over and charge sheet is filed. He,
therefore, submits that this application for bail may kindly be
considered.
In
the facts and circumstances of the case and considering the nature of
allegations and role attributed to the applicant, and the co-accused
is enlarged on bail and on the ground of parity, without discussing
the evidence in detail, prima facie, this Court is of the opinion
that this is a fit case to exercise the discretion to enlarge the
applicant on bail.
Hence,
the application is allowed and the applicant is ordered to be
released on bail in connection with first information report
registered at C.R.No.I-185 of 2011 with Sola High Court police
station on his executing a bond of Rs.5,000/- (Rupees 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
i. not
take undue advantage of his liberty or misuse his liberty;
not
act in a manner injuries to the interest of the prosecution;
surrender
his passport, if any, to the lower court within a week;
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
mark
his presence at the concerned police station on the first Sunday of
every month between 10 a.m. and 3 p.m for three months only;
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 the
residence without prior permission of this Court;
The
Authorities will release the applicant only if he is not required in
connection with any other offence for the time being. If breach of
any of the above conditions is committed, the Sessions Judge
concerned will be free to issue warrant or take appropriate action in
the matter. 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
applicant on bail. Rule is made absolute to the aforesaid extent.
D.S. Permitted.
(Anant
S. Dave, J.)
(swamy)
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