Gujarat High Court
Mohamad vs State on 23 June, 2008
Author: Bhagwati Prasad
Bench: Bhagwati Prasad
Gujarat High Court Case Information System
Print
CR.MA/7256/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7256 of 2008
==========================================
MOHAMAD
IBRAHIM @ BHURO GULAM MOHAMMAD MEMON
Versus
STATE
OF GUJARAT
==========================================Appearance
:
MR CHETAN B
RAVAL for the Applicant
MR RC KODEKAR, ADDL
PUBLIC PROSECUTOR for the
Respondent
==========================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
Date
: 23/06/2008
ORAL
ORDER
1. RULE.
Mr. R.C. Kodekar, 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 Panigate Police Station, Vadodara bearing C.R. No.I-77 of 2008 for the offences punishable under Sections 143, 147, 149, 332, 337, 395, 504, 506(2), 152, 153, 153(A), 295, 295(K), 435, 436 and 427 of the Indian Penal Code and Sections 3 and 7 of the Public Property Damage Act.
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 Panigate Police Station being C.R. No.I-77 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.
6. Rule is made absolute accordingly. Direct service is permitted.
(BHAGWATI PRASAD, J.) omkar Top