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CR.MA/1330/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1330 of 2011
=========================================================
DINESHBHAI
DAHYABHAI CHAUHAN & 3 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
HARESH N JOSHI for
Applicant(s) : 1 - 4.
MR DC SEJPAL, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 09/02/2011
ORAL
ORDER
Rule.
Learned APP Mr. Sejpal waives service of rule for State.
Counsel
for the applicants submitted that offence of Section 306 of IPC is
not made out against the present applicants. He submitted that in any
case, applicants would cooperate with the investigation and make
themselves available for trial, if released on bail. He further
pointed out that co-accused under similar circumstances have been
granted bail by this Court by orders dated 11.1.2011 and 20.1.2011.
In
facts of the case, applicants are ordered to be released on bail in
connection with C.R. No. I-96/2010 registered before Gadhada police
station on their furnishing bond of Rs. 10,000/-(Rupees Ten Thousand)
each with one surety of like amount to the satisfaction of the lower
Court and subject to following conditions that they shall:
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 Gadhada 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;
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.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
Bail
before the Lower Court having jurisdiction to try the case.
Rule
is made absolute. Application is disposed of accordingly.
Direct
service is permitted.
(Akil
Kureshi,J.)
(raghu)
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