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CR.MA/7477/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7477 of 2008
=========================================================
SAJAN
RAMCHANDRA BHAGAT & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PRATIK Y JASANI for
Applicant(s) : 1
- 2.
MR MAULIK NANAVATI, ADDL.PUBLIC
PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 12/06/2008
ORAL
ORDER
1. Rule.
Mr.Nanavati, learned APP waives service of rule on behalf of
respondent- State.
2. Heard
the learned advocate for the applicants and learned APP for the
respondent ? State.
3. This
application is filed by the applicants under sec. 439 of Cr.P.C. for
releasing them on regular bail in connection with the offence
registered vide CR No. I-19 of 2008 with Naliya Police Station,
Kutchh-Bhuj for the offence punishable under sec.406, 420 and 114 of
the Indian Penal Code.
4. The
learned advocate for the applicants has submitted that the applicants
are innocent and they are falsely involved in this case. He read the
order passed by the trial court and prayed to release the applicants
on regular bail.
5. As
against this, learned APP Mr.Nanavati, has strongly opposed this
application and read the order passed by the trial court.
6. I
have gone through the order passed by the trial court as well as the
papers produced on the record of the case. Looking to the allegations
leveled against the applicants, I am inclined to release him on
regular bail.
7. Learned
advocates for the parties do not press for reasoned order.
8. Considering
the facts and circumstances of the case, the present application is
allowed. The applicants are ordered to be released on regular bail in
connection with CR No. I-19 of 2008 with Naliya Police Station,
Kutchh-Bhuj on his executing personal bond in the sum of Rs.5,000/-
(Rs. Five Thousand only) with one surety each 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 their liberty or abuse their liberty;
(b) not
act in a manner injurious to the interest of the prosecution;
(c)
surrender their passport, 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) 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 the
residence without prior permission of this Court;
(f)
mark their presence before the concerned Police Station once in a
month, that is, on the 16th day of each month between
11.00am to 2.00pm upto framing of charge;
(g) maintain
law and order;
9. The
authorities will release the applicants only if he is not required in
connection with any other offence for the time being.
10.
If breach of any 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.
11. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
12. 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.
13. Rule
is made absolute to the aforesaid extent. Direct Service permitted.
[Z.K.
SAIYED, J.]
binoy*
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