2023 (4) TMI 1285

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..... andya App ORAL ORDER Learned advocate Mr.Yash Nanavati is permitted to appear on behalf of the applicant. Registry to accept his vakalatnama. 1. Heard learned advocate Mr.Nanavaty for the applicant and learned Additional Public Prosecutor Mr.Pandya for the respondent - State. 2. By this application filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant is seeking relea .....

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..... applicant, no discretion would be required to be exercised. 5. In the facts and circumstances of the case and considering the nature of allegations, this Court is of the opinion that, discretion is required to be exercised to enlarge the applicant on regular bail. This Court has considered the following facts while exercising discretion in favour of the applicant :- (i) the applicant is in jail .....

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..... only) with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that the applicant shall; [a] not take undue advantage of liberty or misuse liberty; [b] not act in a manner injuries to the interest of the prosecution; [c] surrender passport, if any, to the lower court within a week; [d] not leave India without prior permission of the Ses .....

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