Gujarat High Court Case Information System
Print
CR.MA/5491/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5491 of
2011
=========================================================
PARBATSINH
MADHUSINH SOLANKI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
JV JAPEE for
Applicant(s) : 1 - 2.
MR JK SHAH, ADDITIONAL PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 27/04/2011
ORAL
ORDER
RULE.
Learned APP – Mr. J.K. Shah waives service of notice of Rule for the
respondent – State.
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with First Information Report registered as
I-C.R. No.15/2011 with Vadali Police Station, Sabarkantha for the
offences punishable under Sections 436, 147, 148, 504, 427 of Indian
Penal Code and under Section 135 of the B.P. Act.
Learned
Counsel Mr. J.V. Japee appearing for the applicants submit that
without prejudice to the rights and contentions of the applicants to
be decided at a proper stage and without admitting anything on
merits, on instruction submit that prima facie, when the
investigation is on verge of completion and the applicants are
farmers who have to reap the crops in their fields, by imposing
suitable conditions, they may be enlarged on bail.
Heard
learned APP Mr. J.K. Shah for the respondent-State.
Having
heard learned Counsels 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 applicants, by imposing
suitable conditions, I deem it just and proper to enlarge the
applicants on bail.
Learned
Counsels for the parties do not press for further reasoned order.
In
the facts and circumstances of the case, the application is allowed
and the applicants are ordered to be released on bail in connection
with First Information Report registered as I-C.R. No.15/2011 with
Vadali Police Station, Sabarkantha, on executing a bond of
Rs.5,000/- (Rupees Five Thousand Only) each with one surety of the
like amount to the satisfaction of the Trial Court and subject to
the conditions that they 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 passport, if any, to the lower court within a week;
d)
not leave the State of Gujarat without prior permission of the
Sessions Judge concerned;
e)
mark presence at the concerned Police Station on the first Sunday of
every month between 10.00 a.m. and 3.00 p.m. for three months only;
f)
furnish the present address of their residence to the Investigating
Officer and also to the Court at the time of execution of the bond
and shall not change the residence without prior permission of this
Court;
The
authorities will release the applicants only if not required in
connection with any other offence for the time being.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or take appropriate
action in the matter.
Bail
bond to be executed before the lower court having jurisdiction to
try the case.
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 applicants on bail.
Rule
made absolute. Direct Service is permitted.
Sd/-
(Anant
S. Dave, J.)
Caroline
Top