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CR.MA/4797/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4797 of 2010
=========================================================
BHIMSINH
BALVANTSINH CHAUHAN & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MA KHARADI for
Applicant(s) : 1 - 3.
MR DIVYESH SEJPAL APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 18/06/2010
ORAL
ORDER
1. This application is
preferred under Section 439 of the Code of Criminal Procedure, 1973
by the applicants, who have been arrested in connection with
C.R.No.I-75 of 2010 registered with Dhanpur Police Station for the
offence punishable under Sections 498A, 306, 342 and 114 of the
Indian Penal Code.
2. I have heard learned
advocate Mr.M.A. Kharadi for the applicants and learned A.P.P.
Mr.Divyesh Sejpal for the respondent-State at length and in great
detail. Considering the role attributed to the applicants which is
reflected in the F.I.R., provisions of Sections 498A, 306,342 and 114
of the Indian Penal Code, gravity of offence, quantum of punishment
and considering the fact that the applicants are not the main culprit
in the matter, I am of the view that they deserve to be enlarged on
bail.
3. 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.I-75 of 2010 registered with Dhanpur Police Station on
executing a bond of Rs.10,000/- each [Rupees ten thousand only] with
one surety each 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
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] mark their presence
at the concerned police station on any day of first week of every
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.
4. 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.
5. Bail bond to be
executed before the lower Court having jurisdiction to try the case.
6. 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.
7. Rule is made absolute
to the aforesaid extent. Direct service is permitted.
(H.B.
ANTANI, J.)
Hitesh
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