CR.MA/13462/2011
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION No. 13462 of 2011
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MOYUDDIN ALIAS MOYO BATAKO MALANG SHAIKH - Applicant(s)
Versus
STATE OF GUJARAT - Respondent(s)
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: YASH N NANAVATY Applicant(s) : 1, 1,
Appearance
MR
MR KL PANDYA, APP for Respondent(s) :
CORAM : | HONOURABLE MR.JUSTICE Z.K.SAIYED |
Date : 05/10/2011
ORDER
ORAL
Heard
learned Advocate for the applicant and learned APP Mr.Pandya, on
behalf of respondent.
The
applicant has preferred this application, under Section 439 of the
Code of Criminal Procedure, for enlarging him on bail in connection
with the offence being CR No. I-61 of 2011 registered with
Salabatpura Police Station, Surat, for the offence u/ss. 302,
294(B), 188, 114 of Indian Penal Code.
Learned
Advocate, appearing on behalf of the applicant has contended that
looking to the police papers, prima facie, case is not made out
against the applicant. He has contended that looking to papers, it
clearly appears that false, frivolous and fabricated allegations
have been made against the applicant. He has contended that even, as
per the allegation made by the complainant, only stick blow alleged
to have been given by the applicant. As per Post Mortem Report,
there is no head injury. He has contended that now the charge-sheet
is filed and, therefore, there is no question of tampering with the
evidence by the applicant. Learned APP has also vehemently opposed
the grant of this application.
Having
heard the learned Counsel for both the sides and looking to the
facts and circumstances of the case and looking to the fact that the
charge-sheet is already filed, therefore, without entering into the
merits of the matter, I am inclined to grant bail to the applicant.
Both the learned Advocates do not press for reasoned order.
Considering
the above, this Application is allowed. The applicant is ordered to
be released on bail in connection with CR No. I-61 of 2011
registered with Salabatpura Police Station, Surat, for the offences
alleged against him in this application on his executing a Bond of
Rs.10,000/- (Rupees ten 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 pressurize the prosecution witnesses or complainant in any manner;
c) maintain law and order and should cooperate the Investigating Officers;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave the State of Gujarat till the disposal of Sessions case without the prior permission of the concerned Sessions Judge.
f) not enter into the territorial limits of Salabatpura Police Station, Surat, and he shall mark his presence on the every last day of English Calender month;
f) furnish 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;
g) surrender his passport, if any, to the lower Court within a week.
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.
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.
(Z.K.SAIYED,J.)
sas
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