Gujarat High CourtNagro vs State on 12 November, 2008Author:Z.K.SaiyedBench:Z.K.SaiyedGujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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CR.MA/12995/2008	 4/ 4	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

CRIMINAL
MISC.APPLICATION No. 12995 of 2008
 

 
 
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NAGRO
@ NAGARSINGH HIMRAJ PARMAR - Applicant(s)
 

Versus
 

STATE
OF GUJARAT - Respondent(s)
 

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Appearance
: 
MR
YM THAKKAR for
Applicant(s) : 1, 
MR SP HASURKAR Ld. APP for Respondent(s) :
1, 
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CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE Z.K.SAIYED
		
	

 

 
 


 

Date
: 12/11/2008 

 

 
 
ORAL
ORDER1.		Rule. Mr. SP Hasurkar Ld.    Addl. Public Prosecutor  waives the service of Rule on behalf of State.2.		Heard the learned advocate for the applicant and learned APP for the respondent-State.3.		This application is filed by the applicant undersection 439of Cr.P.C. For releasing him on regular bail in connection with the offence registered   vide CR No.I-223/2008 at Dahod Rural Police Station, for the offence punishable undersec. 395and397of IPC.4.		The learned advocate for the applicant has submitted that the applicant is falsely involved in this case. He read the order passed by the trial Court and prayed to release the applicant on regular bail.5.		As against this, learned APP Mr SP Hasurkar          has strongly opposed this application and read the order passed by the trial Court.6.		I have gone through the order passed by the trial Court as well as the papers produced on record of the case. Looking to the allegations levelled against the applicant, I am inclined  to release him on regular bail.7.		Learned advocates for the parties do not press for reasoned order.8.	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-223/2008    registered  at       Dahod Rural Police Station 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,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)	not leave the local limits of State of Gujarat without the prior permission of the concerned Sessions Judge.d)	mark presence before concerned    Police Station on every 25th day of each month  between 9.00 a.m. to 2.00 p.m;e) 	furnish the 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;f) 	surrender his Passport, if any, to the lower court within a week;9.		The authorities will release the applicant only if he is not required in connection with any other offence for the time being.10.		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.11.		Bail bond to be executed before the lower Court having  jurisdiction to try the case.12.		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.13.		Rule is made absolute to the aforesaid extent. Direct service is  permitted.[ Z.K. SAIYED, J. ]
 


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