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CR.MA/12218/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12218 of 2010
=================================================
YASHIN
KALUMIYA SHAIKH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=================================================
Appearance :
MR
SWAPNIL H CHAUHAN for Applicant(s) : 1,
MR KARTIK PANDYA APP for
Respondent(s) : 1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 30/11/2010
ORAL
ORDER
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
CR No.I 93/2010 with Karelibaug Police Station, for the offences
punishable under Sections 406 and 420 etc. of the Indian Penal Code.
Learned
counsel appearing for the applicant submits that the ingredients of
offences alleged against the applicant are not made out. He further
submits that considering the facts and circumstances of the case and
role attributed to the applicant, discretionary power under section
439 of the Code may be exercised in favour of the applicant.
Heard
learned APP for the respondent – State.
In
the facts and circumstances of the case and considering the nature
of allegations coupled with the fact that charge sheet is filed,
without discussing the evidence in detail, prima facie, this Court
is of the opinion that this is a fit case to exercise the discretion
to enlarge the applicant on bail.
Learned
counsel 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 at C.R. No.I 93 of 2010
with Karelibaug Police Station, District Vadodara 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;
not
take undue advantage of liberty or misuse liberty;
not
act in a manner injurious to the interest of the prosecution;
surrender
passport, if any, to the lower court within a week;
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
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;
furnish
the present address of his residence to the I.O. 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;
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. D.S. Permitted.
(ANANT
S. DAVE, J.)
*pvv
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