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CR.MA/1288720/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12887 of
2008
=========================================================
NATUBHAI
MERUBHAI PARMAR & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR.HARDIK
BHARHMBHAT for
Applicant(s) : 1 - 3.
MR MENGDEY ASST. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 13/10/2008
ORAL
ORDER
1. RULE.
Mr. Mengdey, learned APP waives the service of rule on behalf of
respondent-State.
2. The
applicants, who have been arrested in connection with I-C.R. No. 64
of 2008 registered with Sojitra Police Station for the offences
punishable under Section 306, 506(2), 504 and 114, have preferred
this application seeking their release on regular bail.
3. The
allegation against the applicants are that, in order to grab the land
No.28 belonging to the deceased, the applicants frequently used to
threaten the deceased of dire consequences and also used to abuse
him, on account of that the deceased committed suicide by consuming
poison and thereby the applicants committed the offences as stated
above.
4. In
view of the fact that the complaint was filed after a period of 15
days from the date of alleged incident and since the charge-sheet is
filed, this application deserves to be allowed.
5. Accordingly,
the application is allowed. The applicants are ordered to be
released on regular bail in connection with I-C.R. No.64 of 2008
registered with Sojitra Police Station, for the offences alleged
against them in this application on their executing personal bond of
Rs.10,000/-(Rupees Ten Thousand Only), by each of them, with one
surety of the like amount, to the satisfaction of the lower Court
and subject to the conditions that they shall:-
[a] not take undue advantage of their liberty or misuse his
liberty;
[b] not
act in a manner injurious to the interest of the prosecution;
[c] maintain
law and order;
[d] mark
their presence before the concerned Police Station on 1st
Monday of every month between 9:00 a.m. And 2:00 p.m;
[e] not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
[f] furnish
the address of their residence to the I.O. at the time of execution
of the bond and shall not change the residence without prior
permission of this Court;
[g] surrender
their passport, if any, to the Lower Court, within a week.
6. 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.
7. Bail
before the lower Court having jurisdiction to try the case.
8. Rule
is made absolute. Direct service is permitted.
(M.D.
Shah,J.)
Umesh/
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