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CR.MA/8752/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8752 of 2010
=========================================================
JAVED
@ BATLI MEHMUD PATEL & 1
Versus
STATE
OF GUJARAT
=========================================================
Appearance
:
MR
DHARMESH R PATEL for
Applicant Nos. 1 - 2.
MR UA TRIVEDI ADDL. PUBLIC PROSECUTOR for
Respondent
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 11/08/2010
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 – 144 of 2010 registered with Limbayat Police
Station, for the offence punishable under sections 25(1)(A) and 27 of
the Arms Act.
Mr.Dharmesh
R. Patel, learned advocate for the applicants submitted that the
applicants are innocent persons and a 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 Mr.U. A. Trivedi 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 advocates and having
considered the role attributed to the applicants and reflected in the
FIR at Annexure A, the quantum of punishment etc. and gravity of
offence, I am of the view that 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 – 144 of 2010 registered with Limbayat Police Station,
on their executing a bond of Rs.10,000/- [Rupees Ten 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 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 16th day
of each English calendar month between 9.00 AM and 2.00 PM. till the
trial is over;
[f]. furnish
the present addresses 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 applicants on bail.
Rule is
made absolute to the aforesaid extent. Direct Service is
permitted.
(Z.K.SAIYED,
J.)
(vijay)
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