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R/CR.MA/7366/2011
ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No 7366 of 2011
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DASHRATHBHAI
@ HAKU KANTIBHAI THAKOR & 1....Applicant(s)
Versus
STATE
OF GUAJRAT....Respondent(s)
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Appearance:
MR
DR BHATT as ADVOCATE for the Applicant(s) No. 1
MR
JK SHAH APP for the RESPONDENT(s) No. 1
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CORAM:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 06/06/2011
ORAL
ORDER
Rule. Learned APP,
Mr.J.K.Shah, waives service of notice of rule on behalf of State.
This
is an application under Section 439 of Criminal Procedure Code
praying for regular bail in connection with offence registered with
Viramgam Town Police Station vide C.R.No.I-23 of 2011 for the
offences punishable under Sections 307, 323, 114 of the Indian Penal
Code.
Following
aspects are taken into consideration:
The injured has
been discharged from the hospital long time back. He is absolutely
out of danger.
Investigation is
practically over.
The injured
appears to be a history sheeter.
No apprehension of
accused fleeing from justice or tampering with the prosecution
witnesses has been expressed.
Taking into
consideration the nature of the offence, role attributed to the
accused-applicants and the manner in which the incident has occurred,
I am inclined to exercise my discretion in favour of the
accused-applicants. Under the circumstances, accused-applicants are
ordered to be enlarged on regular bail in
connection with offence registered with Viramgam Town Police Station
being C.R.No.I-23 of 2011 on their executing a bond in the sum of
Rs.10,000/- (Rupees ten thousand only) each with one surety of the
like amount to the satisfaction of the lower Court and subject to the
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 concerned Police Station on every 2nd
and 4th Sunday of every month between 10:00 am to 2:00 pm
till the completion of the trial:
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.
Shall not enter
village:Samasuriya, Tal. Viramgam, Dist.: Ahmedabad till the filing
of the charge-sheet.
It goes without
saying that any observations touching the merits of the case purely
for the purpose of deciding the question of grant of bail and shall
not be construed as an expression of the final opinion in the main
matter.
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.
(J.B.PARDIWALA,
J.)
(ashish)
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