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CR.MA/516/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 516 of 2011
=========================================================
AABID
AIYUB @ DADDU RANGREJ & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
SOEB R BHOHARIA for
Applicant(s) : 1 - 2.MR ABDULSAMAD SHAIKH for Applicant(s) : 1 -
2.
Mr Kartik Pandya, Addl.PUBLIC PROSECUTOR for Respondent(s) : 1,
Mr
C B Raval, for the
complainant
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 04/02/2011
ORAL
ORDER
1. Rule.
Learned APP, waives service of notice of Rule for respondent –
State.
2. This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered
being CR No.I – 270 of 2010 with Danilimda Police Station,
for the offences punishable under Sections 324, 323, 114 of the
Indian Penal Code.
Learned counsel
appearing for the applicants submits that looking to the nature of
offence and the role attributed to the accused, by imposing suitable
conditions, the applicants may be enlarged on bail.
Heard learned
APP for the respondent – State. He has submitted that looking
to the nature of offence and the role attributed to the accused, they
may not be granted bail.
3. Having heard
learned counsel for the parties and perusing the record of the case
and considering the facts and circumstances of the case, by imposing
strict conditions, the applicants accused can be enlarged on bail for
offences punishable under sections 324, 323 and 114 of IPC.
Considering all the above aspects, I am inclined to enlarge the
applicants on bail.
4. In the facts
and circumstances of the case, the application is allowed and the
applicants are ordered to be released on bail in connection with
first information report registered being C.R. No.I- 270 of 2010 with
Danilimda Police Station, on executing bond of Rs.5,000/- (Rupees
Five thousand only) each with one surety each of the like amount to
the satisfaction of the trial Court and subject to the conditions
that they shall;
not
take undue advantage of liberty or misuse liberty;
not
act in a manner injurious to the interest of the prosecution;
surrender
their passport, if any, to the lower court within a week;
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
mark
their presence at the concerned police station on the first Sunday
of every month between 10.00 a.m. and 3.00 p.m. for three months
only;
furnish
the present address of residences to the I.O. and also to the Court
at the time of execution of the bond and shall not change the
residence without prior permission of this Court;
They
shall not enter into the City limits of Ahmedabad for a
period of three months.
The
Authorities will release the applicants only if they are not
required in connection with any other offence for the time being.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or take appropriate
action in the matter.
Bail
bond to be executed before the lower court having jurisdiction to
try the case.
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 applicant on bail.
Rule is
made absolute to the aforesaid extent. D.S. Permitted.
(ANANT
S. DAVE, J.)
msp
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