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CR.MA/912720/2008 3/ 3 ORDER IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL
MISC.APPLICATION No. 9127 of 2008 ========================================================= VALLABHA
ANANDBHAI GOHIL - Applicant(s) Versus
STATE
OF GUJARAT - Respondent(s) ========================================================= Appearance
:
MR
ASHISH M DAGLI for Applicant(s) : 1, Mr. K.P. Rawal, APP, for Respondent(s) : 1,
========================================================= CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD Date
: 11/09/2008 ORAL
ORDER
Rule.
Mr. K.P. Rawal, learned Additional Public Prosecutor waives service of rule on behalf of the respondent State.
2. This
application has been preferred for regular bail under Section 439 of the Code of Criminal Procedure, 1973, in connection with the offence registered with Joravarnagar Police Station bearing C.R. No. I 48 of 2008 for the offences punishable under Sections 302, 201 of the Indian Penal Code.
3. Having
heard the learned counsel for both the sides and looking to the facts and circumstances of the case, this application is allowed. The applicant-original accused is ordered to be released on bail in connection with the offence registered with Joravarnagar Police Station being C.R. No. I - 48 of 2008 on his executing a bond of Rs. 5,000/- (Rupees five thousand only) with one surety of 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
) maintain law and order; (d) shall
mark his presence before the concerned police station on every first day of English Calendar month between 9.00 a.m. and 2.00 p.m.; (e) not
leave the State of Gujarat without prior permission of the Sessions Court concerned; (f) furnish the address of his residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
(g) surrender his passport, if any, to the lower Court within a week.
4. 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.
5. Bail
before the lower Court having jurisdiction to try the case. Rule
is made absolute accordingly. Direct service is permitted. (BHAGWATI
PRASAD, J)
(pkn)
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