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CR.MA/7750/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7750 of 2008
======================================
DEVSHIBHAI
PITHABHAI JOGAL
Versus
STATE
OF GUJARAT
======================================
Appearance
:
MR VH KANARA for the Applicant
Ms Dipen Desai, APP for
the Respondent
======================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
Date
: 23/06/2008
ORAL
ORDER
Rule.
Mr Dipen Desai, learned Additional Public Prosecutor for the
State waives the service.
This
application has been preferred for regular bail under Section 439 of
the Criminal Procedure Code, 1973 in connection with the offence
registered with Lalpur Police Station being Crime Register No.I-74 of
2007 for the offences punishable under Sections 302, 447 and 114 of
the Indian Penal Code and Section 135(1) of the Bombay Police Act.
Having heard the learned counsel for both the sides and looking to the facts and circumstances of the case, this application is allowed. The applicant is ordered to be released on bail in connection with offence registered with Lalpur Police Station being Crime Register No.I-74 of 2007 on his executing a bond in the sum of Rs.5,000/- (Rupees five thousand only) with one surety of the like amount to the satisfaction of the lower Court and subject to the conditions that he shall,
[a] not take undue advantage of or misuse liberty;
[b] maintain
law and order and should co-operate with the investigating officer;
[c] not
act in a manner injurious to the interest of the prosecution;
[d] surrender
his passport, if any, to the lower court
within a week;
[e] not
leave the local limits of the State of Gujarat without prior
permission of the Sessions Judge concerned;
[f] shall
mark his presence before the concerned Police Station on every
1st day of English Calendar month between 9.00 a.m. and 5.00
p.m.;
[g] 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.
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. This application is allowed.
Rule
is made absolute. D.S. Permitted.
(Bhagwati
Prasad, J.)
*mohd
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