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2017 DIGILAW 1844 (GUJ)

Arvind @ Vinod Hirabhai Parmar v. State of Gujarat

2017-12-01

G.R.UDHWANI

body2017
ORAL ORDER : G.R. UDHWANI, J. Heard learned advocate for the applicant and learned Additional Public Prosecutor for the respondent-State. 2. This application is filed under Section 439 of the Code of Criminal Procedure, 1973, for bail in connection with C.R. No. I-41 of 2017 registered with Saher Kotda Police Station for the offence punishable under Sections 302, 323 and 114 of I.P. Code and Section 135(1) of the Gujarat Police Act.65(E), 67(A) of Gujarat Prohibition Act. 3. Having considered the rival contentions including the nature of injury attributed to the petitioner and also no instance against the petitioner of apprehension against him, case for admitting the petitioner to bail is made out. 4. Hence, the application is allowed and applicant is ordered to be released on bail in connection with C.R. No. I-41 of 2017 registered with Saher Kotda 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; [c] surrender his passport, if any, to the lower court within a week; [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 I.O. concerned and also to the 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 applicant only if he is not required in connection with any other offence for the time being. 6. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter. 7. Bail bond to be executed before the lower court having jurisdiction to try the case. 8. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. 9. 7. Bail bond to be executed before the lower court having jurisdiction to try the case. 8. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. 9. 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. 10. Rule made absolute to the aforesaid extent. Direct service is permitted.