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CR.MA/14203/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14203 of 2011
=========================================
INDUBEN
D/O SINGALBHAI GAMIT AND W/O MOHANBHAI GAMIT & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR MATAFER R PANDE for
Applicant(s) : 1 - 2.
MR MG NANAVATY ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 20/10/2011
ORAL
ORDER
1. This
is successive bail application filed under Section 439 of the Code of
Criminal Procedure in connection with first information report
registered at CR No.I-20 of 2011 with Kakrapar Police Station, Surat,
for the offences punishable under Sections 406, 420, 465, 467, 468,
471, 120(B) and 114 of the Indian Penal Code.
2. Learned
counsel appearing for the applicants submit that considering the
nature of evidence, role attributed to the applicants and punishment
prescribed. It is further submitted that other co-accused are
enlarged on bail and that now charge-sheet is filed, this application
for bail may kindly be considered.
3. Heard
learned APP for the respondent – State who opposed grant of
bail looking to the nature and gravity of offence.
4. Having
heard learned counsel for the parties and perusing the record of the
case and taking into consideration the facts of the case, nature of
allegations, role attributed to the accused and punishment prescribed
for the alleged offences and that other co-accused are enlarged on
bail and applicant No.1 being a female accused and now charge-sheet
is filed, I am inclined to enlarge the applicants on bail.
5. Learned
counsel for the parties do not press for further reasoned order.
6. In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with first information report registered at CR No.I-20 of 2011 with
Kakrapar Police Station, Surat, on executing a bond of Rs.5,000/-
(Rupees Five Thousand only) each with one surety 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 liberty or misuse liberty;
(b) not
act in a manner injurious to the interest of the prosecution;
(c) surrender
passport, if any, to the lower court within a week;
(d) not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
(e) mark
presence at the concerned police station on the first Sunday of every
month between 10.00 a.m. and 3.00 p.m. till the trial commences;
(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 the
residence without prior permission of this Court;
7. The
Authorities will release the applicants only if not required in
connection with any other offence for the time being.
8. 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.
9. Bail
bond to be executed before the lower court having jurisdiction to try
the case.
10. 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.
11. Rule
is made absolute to the aforesaid extent. D.S. Permitted.
(ANANT
S. DAVE, J.)
//smita//
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