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CR.MA/8382/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8382 of
2011
=========================================================
VIJAYSINH
KALUSINH MAKWANA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
KAMLESH C PATEL for
Applicant(s) : 1,
MRS. MANISHA L. SHAH, ADDL. PUBLIC PROSECUTOR
for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 07/07/2011
ORAL
ORDER
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with First Information Report registered as
I-C.R. No.66/2010 with Prantij Police Station, Sabarkantha for the
offences punishable u/s. 394, 427 and 114 of the Indian Penal Code &
u/s. 135 of the Bombay Police Act.
Learned
Counsel appearing for the applicant submits that charge-sheet
is filed and considering the punishment prescribed and that it is a
magistrate triable case, the applicant may be enlarged on
bail.
Heard
learned APP Mrs. Manisha L. Shah for the respondent-State.
Having
heard learned Counsels for the parties and perusing the record of
the case and taking into consideration the facts of the case, nature
of allegations, role attributed to the applicant, by imposing
suitable conditions, I deem it just and proper to enlarge the
applicant on bail.
Learned
Counsels for the parties do not press for further reasoned order.
In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with First Information Report registered as I-C.R. No.66/2010 with
Prantij Police Station, Sabarkantha, on 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;
a) not take undue advantage of liberty
or misuse 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 prior permission of the Sessions Judge concerned;
e) mark or before the concerned Police
Station on every 1st and 15th day of every
English Calendar month between 11.00 a.m. to 2.00 p.m. for three
months only;
f) furnish the present address of his
residence to the Investigating Officer 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;
g) not enter within the City and
District limits of Himmatnagar for three months, except, for the
purpose of attending the trial or marking presence.
The
authorities will release the applicant only if 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
made absolute. Direct Service is permitted.
Sd/-
(Anant
S. Dave, J.)
Caroline
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