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CR.MA/7374/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7374 of 2010
=========================================================
ANARSINH
SUKA BILALA & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
YASH N NANAVATY for
Applicant(s) : 1 - 2.
MS MINI NAIR PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 23/07/2010
ORAL
ORDER
This
application is filed under section 439 of the Code of Criminal
Procedure by the applicants who have been arrested in connection with
C.R. No. II – 26 of 2010 filed before B Division Police
Station, Bharuch for the offence punishable under sections
25(1-B)(a), 27, 29 of the Arms Act.
Mr.Yash
Nanavati, learned advocate for the applicants submitted that the
applicants are innocent persons and false case is foisted on them. He
submitted that considering the role attributed to the applicants and
reflected in the FIR at Annexure ‘A’ to the application, this is a
fit case to enlarge the applicants on regular bail.
As against
the aforesaid, learned APP Ms.Mini Nair submitted that considering
the role played by the applicants, no discretionary relief can be
granted to the applicants, and the application deserves to be
dismissed.
Having
heard the rival submissions of learned advocate and having considered
the role attributed to the applicants and reflected in the FIR at
Annexure A, the quantum of punishment etc., I am of the view that
the the applicants are required to be enlarged on regular bail at
this stage on stringent conditions, without entering into the merits
of the case and without discussing the evidence in detail.
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 enlarged on bail in connection with
C.R. No. II – 26 of 2010 filed before B Division Police
Station, Bharuch, on their executing a bond of Rs.10,000/- each
[Rupees Ten thousand only] 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 their liberty or abuse their liberty;
[b]. not
act in a manner injurious to the interest of the prosecution;
[c]. surrender
their passports, if any, to the lower court within a week;
[d]. not
leave the State of Gujarat without the prior permission of the
Sessions court concerned;
[e]. mark
their presence at the concerned Police Station on 1st day
of each English calendar month between 9.00 AM and 2.00 PM. till the
trial is over;
[f]. furnish
the present address of their residence to the I.O. and also to the
Court at the time of execution of the bond and shall not change their
residence without prior permission of this Court;
[g]. maintain
law and order.
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.
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 applicant on bail.
Rule is
made absolute to the aforesaid extent. Direct Service is
permitted.
(Z.K.SAIYED,
J.)
(vijay)
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