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CR.MA/16088/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 16088 of 2010
=========================================================
VIRPAL
@ BABLU SHAMBHU DAYAL SAXENA (RAJPUT) - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR.
VD MEWADA for
Applicant(s) : 1,
MR AJ DESAI, ADDITIONAL PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 01/03/2011
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.25/2010 with GIDC Vatva Police Station, Ahmedabad for the
offences punishable under Sections 395, 397 of Indian Penal Code and
u/s. 135(1) of the Bombay Police Act.
Heard
learned Advocate Mr. V.D. Mewada for the applicant and learned APP
Mr. AJ Desai for the respondent-State.
Having
heard learned Counsel for the parties and that the charge-sheet is
filed 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.25/2010 with
GIDC Vatva Police Station, Ahmedabad, 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 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 presence at the concerned Police Station on the first Sunday of
every month between 10.00 a.m. and 3.00 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 limits of Ahmedabad for six 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
is made absolute to the aforesaid extent. Direct Service is
permitted.
Sd/-
(Anant
S. Dave, J.)
Caroline
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