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CR.MA/10576/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10576 of 2011
=========================================
HARISH
@ DANNY BHUDARBHAI INDREKAR (CHHARA) & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR HARDIK A DAVE for
Applicant(s) : 1 - 2.
MS MANISHA L SHAH ADDL. PUBLIC PROSECUTOR
for Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 08/08/2011
ORAL
ORDER
Learned
advocate for the applicants submit that except identification of the
accused if seen in the context of what is alleged in the FIR and in
absence of any recovery or discovery nothing surfaces against the
applicants. Considering overall aspects by imposing suitable
conditions the applicants may be enlarged on bail.
Considering
the above prima facie aspects of the matter, I find this is a fit
case for granting bail. Under the circumstances, the applicants are
ordered to be released on bail in connection with C.R. No.I-75 of
2011 with Palanpur City Police Station, on their furnishing bond of
Rs. 5000/-(Rupees Five Thousand) each with one surety of like amount
to the satisfaction of the lower Court and subject to following
conditions :
not
take undue advantage of their liberty or abuse their liberty;
not
act in a manner injurious to the interest of the prosecution;
maintain
law and order;
mark
their presence before the concerned Police Station on every 1st
and 15th day of English Calendar month between 11:00 am
to 2:00 pm:
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
shall
not enter the City of Palanpur for a period of three month except
for marking presence and attending trial;
furnish
the address of their residence at the time of execution of the bond
and shall not change the residence without prior permission of this
Court;
surrender
their passport, if any, to the Lower Court immediately.
The
Authorities will release the applicants only if they are 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 applicant on bail.
Rule
is made absolute to the aforesaid extent. D.S. Permitted.
(ANANT
S. DAVE, J.)
//smita//
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