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CR.MA/153/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 153 of 2011
=========================================================
PRABHATBHAI
BHIKHUBHAI KATHIA & 6 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
BM GUPTA for
Applicant(s) : 1 - 7.
MR JK SHAH, APP for Respondent(s) :
1,
MRBHUNESHCRUPERA for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 27/01/2011
ORAL
ORDER
Counsel
for the applicants does not press this application qua applicants no.
3 and 6. Rule is discharged qua applicants no. 3 and 6.
Qua
rest of the applicants, Counsel for the applicants submitted that the
applicants have no other criminal antecedents. Investigation is over
and charge-sheet is filed. He drew my attention to the nature of
allegations in the complaint against the applicants and contended
that the applicants are alleged to have attacked the family members
of the complainant with sticks and given random blows. He submitted
that there is no material on record to suggest that the applicants
gave blows to any of the persons on the vital parts of the body
causing serious injuries. He further pointed out that co-accused with
similar allegations have been released on bail by this Court by
orders dated 19.11.2010 passed in Criminal Misc. Application
Nos.12833 of 2010 and 12834 of 2010.
In
addition to above, I have also considered the materials on record,
which prima facie reveal that the death occurred due to sword blow
given by another accused.
Under
the circumstances, when the charge-sheet is already filed, the
applicants are ordered to be released on bail in connection with
C.R.No.I-48/2010 registered at
Pansina police station, District Surendranagar, on their
furnishing a bond of Rs.25,000/- (Rupees Twenty Five thousand) each
with one surety of like amount to the satisfaction of the lower Court
and subject to following 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) maintain
law and order;
(d) not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
(e) 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;
(f)
not enter into Limbdi Taluka, except for attending the court cases,
without permission of the concerned court, till the trial is over;
(g) mark
presence in Vadhvan police station on every 1st and 15th
day of English Calendar month between 11:00 am to 2:00 pm;
(h) 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.
Application
is disposed of accordingly. Rule is made absolute qua applicants no.
1,2,4, 5 and 7. Direct service is permitted.
(Akil
Kureshi,J.)
(raghu)
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