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CR.MA/6178/2012 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6178 of 2012
=========================================================
SHAILESH
NANUBHAI PRAJAPATI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
========================================================= Appearance
:
MR
JITENDRA H SINGH for Applicant(s) : 1, MS CM SHAH, APP for Respondent(s) : 1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 04/05/2012
ORAL
ORDER
Rule.
Ms.C.M.Shah, waives service of rule on behalf of the respondent-State.
By
way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on regular bail in connection with CR No.I-151 of 2011 registered with Khatodara Police Station, for the offence punishable under Sections 379, 356 and 114 of the Indian Penal Code.
Heard
learned counsel for the applicant and learned Additional Public Prosecutor for respondent-State.
It
is to be noted that it is within the jurisdiction of Magistrate to conduct the trial in the present case. In the facts and circumstances of the case and considering the nature of offence and sentence awardable , without entering into the merits of the case, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail.
Hence,
the applicant is ordered to be released on bail in connection with CR No.I-151 of 2011 registered with Khatodara Police Station, for the offence alleged against him in this application on his executing a bond of Rs.25,000/- (Rupees twentyfive thousand only) with one solvent 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
to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) maintain
law and order and should cooperate the Investigating Officer;
d) not
act in a manner injurious to the interest of the prosecution;
e) not
leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) mark
presence before the concerned Police Station once in a month more particularly between 1st and 10th
of month between 10.00 a.m. and 2.00 p.m. for six months;
g) furnish
the address of his residence to the Investigating Officer and also to the Court with documentary proof of residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
h) surrender
his passport, if any, to the lower Court within a week.
If
the breach of any of the above conditions is committed, the concerned Court will be free to issue warrant or take appropriate action in the matter.
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. Rule is made absolute. Direct service is permitted.
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.
[M.D.SHAH,J.]
radhan
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