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CR.MA/14139/2005 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14139 of 2005
=========================================================
VIJAY
ALIAS SANDIP DAHYABHAI MAKWANA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
MH BAREJIA for Applicant(s) : 1,
MR H.L.JANI,
ADDL.PUBLIC PROSECUTOR for Respondent(s) :
1,
==================================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.S.DAVE
Date
: 27/12/2005
ORAL
ORDER
Rule.
Mr. H.L. Jani, learned Additional Public Prosecutor, waives service
of Rule. At the request of the learned counsel appearing for the
parties, this application is taken up for hearing today.
Heard
Shri Barejia, learned advocate appearing for the petitioner and Shri
H.L. Jani, APP for the State.
This
application under Section 439 of the Code of Criminal Procedure is
preferred in connection with the complaint registered at C.R
No.I-101 of 2004 with Sarkhej Police Station for the offences
punishable under Sections 397, 114 and 120-B of IPC read with Section
25(1)(A-B) of Arms Act.
The
contents of the FIR reveal about presence of the applicant outside
the premises where the attempt to commit above mentioned offences is
alleged. However, co-accused, who is similarly situated, is already
enlarged on bail. So far as original accused Nos. 1 and 4, who were
found inside the premises, and one of those persons who had fired the
gun-shoot are identified and not the present applicant. The
investigation is over and charge-sheet is already filed. Considering
the above mentioned role, and the fact that charge-sheet is already
filed, I am inclined to allow this application. The application is
therefore allowed. It is hereby ordered to enlarge the applicant on
bail in connection with C.R No. I-101 of 2005 before Sarkhej Police
Station, on his executing a bond in the sum of Rs. 5,000/- and one
surety of the like amount to the satisfaction of the lower Court and
subject to the conditions that he shall
(i)
not take undue advantage of his liberty or misuse his liberty;
(ii) not
act in a manner injuries to the interest of the prosecution;
(iii) surrender
his passport, if any, to the lower court within a week;
(iv) not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
(v) mark
his presence on 1st day of every month between 9.00 AM and
5.00Pm before the concerned Police Station.
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.
Rule
is made absolute. D.S. Permitted.
(Anant
S. Dave, J.)
*/Mohandas
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