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CR.MA/9201/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9201 of 2011
=========================================
SALIM
@ SALIM MALGAON MAHEBOOBKHAN PATHAN
Versus
STATE
OF GUJARAT
=========================================
Appearance
:
MR PP MAJMUDAR for Applicant
MR
JASHVANT SHAH APP for
Respondent
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 15/07/2011
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.9/2011 with Railway Police Station, Surat for the offences
punishable under Sections 399, 333, 402 and 120(B) of Indian Penal
Code and u/s. 135 of Bombay Police Act.
Learned
advocate for the applicant submits that the accused against whom the
allegation of inflicting injury on the police constable, is made in
the FIR, has been released on bail by order dated 28.06.2011 passed
in Criminal Misc. application No.8516 of 2011. Learned Counsel
appearing for the applicant submits that the case of the applicant
is different than that of the co-accused released who is on bail
since in the said case the allegations are of inflicting injury to
the police personnel on duty, who wanted to apprehend the accused
while he was preparing to commit robbery in the train, but in case
of the applicant such allegation is not made in the FIR and upon
taking into account other considerations like period of custody of
the applicant coupled with the fact that the co-accused i.e. accused
No.1 against whom change of inflicting injury to police personnel is
made, is released and that all interrogation offer, remand are over
and charge-sheet is filed, by imposing suitable conditions, the
applicant may be enlarged on bail.
Heard
learned APP Mr.Jashvant 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.9/2011 with
Railway Police Station, Surat, on executing a bond of Rs.10,000/-
(Rupees Ten 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 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 to enter Surat city and particularly, the area of Railway
Station and nearby area of Surat City until the trial is over.
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.
[
K. M. THAKER, J. ]
vijay
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