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CR.MA/7874/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7874 of 2010
=========================================
YAKUB
YUSUF JARDA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR LR
PATHAN for
Applicant(s) : 1,
MR AJ DESAI, LD. ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 28/07/2010
ORAL
ORDER
This
application is filed by the applicant under Section 439 of the
Criminal Procedure Code, 1973 for releasing him on regular bail in
connection with the offences registered at CR No.I-103 of 2009
registered with Devbariya Police Station, for the offences
punishable under Sections 341, 342, 365 and 395 of the Indian Penal
Code.
Heard
Mr.L.R. Pathan, learned counsel for the applicant and Mr.A.J. Desai,
learned Additional Public Prosecutor, for the State.
Mr.L.R.
Patha has contended that the applicant is innocent and is wrongly
involved int the present offence. He has also contended that
applicant is not named in the F.I.R. nor any role is attributed to
him. He read the order passed by the trial Court and prayed to
release the applicant on regular bail.
As
against this, Mr.Desai, learned Additional Public Prosecutor, has
strongly opposed the present application and read the order passed
by the trial Court.
I
have gone through the order passed by the trial Court as well as
papers produced on record of the case. Looking to the allegations
levelled against the applicant, I am inclined to release him on
regular bail.
Learned
counsels for the parties do not press for reasoned order.
Considering
the submissions made on behalf of the parties and having regard to
the facts and circumstances of the case, the application is allowed
and applicant is ordered to be released on bail in connection with
CR No.I-103 of 2009 registered with Devbariya Police Station,
Ahmedabad, for the offences alleged against him in this application
on his executing bond of Rs.10,000/- (Rupees Ten Thousand Only) with
one solvent surety of the like amount to the satisfaction of the
lower Court and subject to the conditions that he shall,
(I) not
take undue advantage of his liberty or abuse his liberty;
(ii) not
act in a manner injurious to the prosecution;
(iii) not
leave the local limits of State of Gujarat without the prior
permission of the concerned Sessions Judge;
(iv) mark
his presence before investigating Officer on 15th day of
every calender month between 09:00 am and 02:00 p.m.;
(v) Surrender
his passport, if any, to the lower Court within a week;
The
Authority 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 concerned
Sessions Judge 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.
(Z.
K. Saiyed, J)
Anup
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