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CR.MA/10109/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10109 of 2010
=========================================================
YUSUF
MOHAMMAD IBRAHIM CIRCLE - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
TS NANAVATI for
Applicant(s) : 1,
MS MINI NAIR, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 15/09/2010
ORAL
ORDER
1. Present
application has been filed by the applicant for grant of regular bail
under Section 439 of Cr.P.C.
2. The
applicant accused is charged with having committed offences
punishable under Sections 465, 467, 468, 471, 420 & 114 of
Indian Penal Code for which F.I.R. being CR No.I-34/2010 has been
registered with Palej Police Station.
3. Learned
Advocate Mr. T.S.Nanavaty referred to the FIR and submitted that
there are only statements of co-accused and there is no recovery or
discovery from the applicant accused and therefore considering the
role, present application may be allowed. He submitted that even if
there is a role or prima facie involvement,
his role is minimum and therefore the present application may be
allowed.
4. Learned
APP Ms. Mini Nair resisted the application.
5. Having
heard the learned Counsel Mr. T.S.Nanavaty and learned APP and having
perused the papers and considering the role attributed, the present
application deserves to be allowed in light of the guidelines for
grant of regular bail subject to the conditions hereinafter.
6. Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with the F.I.R. being CR
No.I-34/2010 registered with Palej Police Station, on his executing a
bond of Rs.5,000/- (Rupees Five Thousand) with one solvent 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 his liberty or abuse his liberty.
(b) not
to try to tamper or pressurize the prosecution witnesses or
complainant in any manner.
(c) not
act in any manner injurious to the interest of the prosecution.
(d) maintain
law and order and should cooperate with the investigating officers.
(e) mark
his presence before concerned Police Station on 1st Monday
of every month of English calender between 11:00 AM to 2:00 PM till
the trial commences;
(f) furnish
the 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
his residence without prior permission of the Court.
(g) surrender
his passport, if any, to the lower Court, within a week.
7. 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.
8. Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
9. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(RAJESH
H.SHUKLA, J.)
jani
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