Gujarat High CourtDineshbhai vs State on 28 July, 2010Author:H.B.AntaniBench:H.B.AntaniGujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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CR.MA/6553/2010	 3/ 3	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

CRIMINAL
MISC.APPLICATION No. 6553 of 2010
 

 
 
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DINESHBHAI
ISHWARBHAI PATEL - Applicant(s)
 

Versus
 

STATE
OF GUJARAT - Respondent(s)
 

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Appearance : 
MR
ASHISH M DAGLI for Applicant(s) : 1, 
Mr DC Sejpal, Addl.PUBLIC
PROSECUTOR for Respondent(s) : 1,
 

Mr
A B Munshi for the
complainant. 
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CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE H.B.ANTANI
		
	

 

 
 


 

Date
: 28/07/2010 

 

ORAL
ORDER1.		This
is an application preferred underSection 439of the Code of Criminal
Procedure by the applicant who came to be arrested in connection with
 CR No.I-196 of 2009  registered with Kamrej  Police Station,  for
the offences   punishable underSections  379,435,447,504,506(2),420,465,467,468,471,114and120-Bof the IPC.2.		Heard
the learned Advocate for the applicant and the learned APP at length
and in great detail.  Having considered the rival submissions and
perusal of the role attributed to the applicant as reflected in the
FIR, police papers and statements of witnesses, the panchnama which
is referred and relied upon by the learned APP as well as the
provisions as aforesaid and  the quantum of punishment,  gravity of
offence, the nature of offence in which the applicant is involved
etc.,   I am of the view that the application deserves to be allowed
and is accordingly allowed. The applicant is ordered to be enlarged
on bail in connection with aforesaid offences 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 his liberty or abuse his 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 the prior permission of the
Sessions court concerned;[e]	mark
his presence at the concerned Police Station on any day of every
first week of English calendar month between 9.00 AM and 2.00 PM.
till the trial is over;[f]	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 his
residence without prior permission of this Court;[g]	maintain
law and order.3.		If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or to take appropriate
action in the matter.4.		Bail
bond to be executed before the lower Court having jurisdiction to try
the case.5.		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.6.		Rule
is made absolute to the aforesaid extent.	Direct Service is
permitted.[H.B.ANTANI,
J.]
 


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