Gujarat High Court
Shaikh vs State on 13 July, 2012
Author: M.D.Shah
Bench: Md Shah
Gujarat High Court Case Information System
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CR.MA/8682/2012 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8682 of 2012
=========================================================
SHAIKH
HABIBBHAI IBRAHIMBHAI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MINESH C DAVE for
Applicant(s) : 1,
MR. L.B.DABHI, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 13/07/2012
ORAL
ORDER
1. Learned counsel appearing for the applicant submitted that charge-sheet is filed. It is further submitted that considering the nature of allegations and role attributed to the applicant, by imposing suitable conditions, the applicant may be enlarged on bail. It is also submitted that the applicant is in jail since 27.02.2012.
2. Heard learned APP for the respondent - State.
3. Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused and further the fact that the applicant was arrested on 27th February, 2012 and the charge-sheet has already been filed, so also the fact that the offences are triable by the learned Judicial Magistrate First Class and other accused are released on bail, a case is made out. Hence, this application is allowed. The applicant is ordered to be enlarged on bail in connection with C.R.No.I-110 of 2011 of Panshina Police Station, District Surendranagar for the offences punishable under sections 409, 465, 467, 468, 471, 477(A) and 120B of the Indian Penal Code, on furnishing bond of Rs.20,000/- (Rupees twenty thousand only) with one solvent surety of the like amount to the satisfaction of the lower Court and on conditions that the applicant shall :
[a] not take undue advantage of liberty or abuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] maintain law and order;
[d] mark presence before the concerned Police Station on every 1st and 15th day of English Calender month between 11.00 a.m. and 2 p.m. for three months.
[e] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[f] furnish the address of residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
[g] surrender passport, if any, to the Lower Court immediately.
4. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.
5. At the trial, the trial court shall not be influenced by the prima facie observations made by this Court while enlarging the applicant on bail.
6. Bail before the Lower Court having jurisdiction to try the case. Rule is made absolute. Direct service is permitted.
( M.D.Shah, J ) cmj/ Top