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CR.MA/4666/2007 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4666 of 2007
In
CRIMINAL
APPEAL No. 430 of 2007
With
CRIMINAL
MISC.APPLICATION No. 5124 of 2007
In
CRIMINAL APPEAL No. 430 of 2007
=========================================================
SAVJIBHAI
SHIVABHAI VAGHRI & 4 - Applicant(s)
Versus
THE
STATE OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ASHISH M DAGLI for
Applicant(s) : 1 - 5.
PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.MEHTA
Date
: 08/05/2007
ORAL
ORDER
Rule.
Mr.K.C.Shah, learned Additional Public Prosecutor waives the
service of Rule on behalf of State.
In
this matter, appeal is already admitted on 1/5/2007. For bail, I
have heard Mr.Ashish Dagli, learned advocate for the applicant and
Mr.K.C.Shah, learned APP in this behalf. After hearing the
submissions made by Mr.Ashish Dagli and after going through the
judgment on record, it appears that accused no.1 and accused no.5
has caused injury to the victim and the victim has got fracture in
this behalf and that has been proved by the medical certificate of
doctor.
In
view of the same, bail to accused no.1 and accused no.5 is refused.
However, bail to accused nos.2, 3 and 4 are granted on their
executing bond of Rs.5,000/- (Rupees five thousand only) each with
one solvent surety of the like amount each to the satisfaction of
the lower Court and subject to the conditions that they shall,
a) not
take undue advantage of their liberty or abuse their liberty;
b)
not leave the local limits of State of Gujarat without the
prior permission of the concerned Sessions Judge.
c)
furnish the address of his 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;
d)
surrender their Passports, if any, to the lower court within a
week;
If
breach of any of the above conditions is committed, the
concerned Sessions Judge will be free to issue warrant or take
appropriate action in the matter.
Bail
before the lower Court having jurisdiction to try the case. It
would be open to the trial court concerned to give time to furnish
the solvency certificate if prayed for.
Rule
is made absolute qua accused nos.2, 3 and 4. Rule is made
discharged qua accused nos.1 and 5. Direct service is permitted.
Criminal Misc. Application No.4666 of 2007 is disposed of
accordingly.
It
may be noted that incident occurred in the year 1999 and conviction
is of 5/1/2007. During the trial, they were on bail.
For
temporary bail of accused no.1, Criminal Misc. Application No.5142
of 2007 to be kept on 11/5/2007.
(K.M.Mehta,
J.)
(ila)
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