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CR.MA/349/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 349 of 2011
=========================================================
VIJAYSINH
NATVARSINH GOHEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
HM PARIKH for
Applicant(s) : 1,MR RASESH H PARIKH for Applicant(s) : 1,
PUBLIC
PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 08/02/2011
ORAL
ORDER
Counsel
for the petitioner submitted that investigation is over and
charge-sheet is filed. He further submitted that though it is true
that FIR is lodged in the year 2005 and petitioner was arrested only
in September, 2010. Petitioner and victim girl were residing
together as husband and wife during which period the girl also gave
birth to still born child.
Considering
the submissions made, now the charge-sheet is filed, no useful
purpose would be served in detaining the petitioner in custody.
Considering
the above prima facie aspects of the matter, I find this is a fit
case for granting bail since charge-sheet is also filed. Under the
circumstances, the applicant is ordered to be released on bail in
connection with C.R. No. I-228 of 2005 registered with Anand Town
Police Station on his furnishing bond of Rs.10,000/-(Rupees Ten
Thousand) with one surety of like amount to the satisfaction of the
lower Court and subject to following conditions :
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 concerned Police Station 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.)
(ashish)
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