Hasmukh @ Lalo Kadvaji Damor vs State Of Gujarat on 24 November, 2017

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Gujarat High Court

Hasmukh @ Lalo Kadvaji Damor vs State Of Gujarat on 24 November, 2017

Bench: G.R.Udhwani

                     R/CR.MA/27566/2017                                              ORDER




                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 27566 of 2017

         ==========================================================
                         HASMUKH @ LALO KADVAJI DAMOR....Applicant(s)
                                          Versus
                             STATE OF GUJARAT....Respondent(s)
         ==========================================================
         Appearance:
         MR. R.D.KINARIWALA, ADVOCATE for the Applicant(s) No. 1
         MR JK SHAH ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
         No. 1
         ==========================================================

          CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI

                                          Date : 24/11/2017


                                           ORAL ORDER

1. Heard learned advocate for the applicant and learned APP for the respondentState.

2. This application is filed seeking bail under Section 439 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 365, 342, 376D, 506(2) and 114 of the Indian Penal Code ( for short 'the IPC') and Section 135 of the G.P. Act for which FIR came to be registered at C.R. No.I 89 of 2017 with Bhiloda Police Station.

3. Having considered the nature of accusation against the petitioner and in absence of antecedent against the petitioner; as also in absence Page 1 of 3 HC-NIC Page 1 of 3 Created On Sat Nov 25 03:14:29 IST 2017 R/CR.MA/27566/2017 ORDER of apprehension against him tampering with the evidence or threatening the witnesses of fleeing from justice, the case for admitting the petitioner to bail is made out.

4. Hence, this application is allowed and applicant is ordered to be released on bail in connection with CR No. I 89 of 2017 registered with Bhiloda Police Station on executing a bond of Rs.10,000/ (Rupees Ten Thousand only) with one 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 liberty or misuse liberty;

(b) not act in a manner injurious to the interest of the prosecution;

(d) not leave the territory of India without prior permission of the Sessions Judge concerned;

(e) mark presence in the concerned police station once in a calendar month.

(f) furnish the present address of residence along with the proof to the Investigating Officer concerned and also to the trial court at the time of execution of the bond and shall indicate change of residential address if any to the trial court.

5. The competent authority will release the applicants only if he is not required in connection with any other offence for the time being.

5.1 If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the Page 2 of 3 HC-NIC Page 2 of 3 Created On Sat Nov 25 03:14:29 IST 2017 R/CR.MA/27566/2017 ORDER matter.

5.2 Bail bond to be executed before the lower court having jurisdiction to try the case.

5.3 It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law.

5.4 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.

6. Rule made absolute to the aforesaid extent. Direct service is permitted.

(G.R.UDHWANI, J.) niru* Page 3 of 3 HC-NIC Page 3 of 3 Created On Sat Nov 25 03:14:29 IST 2017

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