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CR.MA/7156/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7156 of 2010
=========================================================
DHANJIBHAI
NANABHAI SOLANKI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
RAHUL K DAVE for Applicant(s) : 1 - 2.
MR HL JANI, LD. ADDL.
PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 16/07/2010
ORAL
ORDER
Rule.
Mr.H.L. Jani, learned
Additional Public Prosecutor, waives service of Rule on behalf of
respondent-State.
This
application is filed by the applicants under Section 439 of the
Criminal Procedure Code, 1973 for releasing them on regular bail in
connection with the offences registered at I-CR No.76 of 2010
registered with Chaklasi Police Station for the offences punishable
under Sections 306, 498(A) and 114 of the Indian Penal Code.
Heard
Mr.Rahul Dave, learned counsel for the applicants and Mr.H.L. Jani,
learned Additional Public Prosecutor, for the State.
Mr.Dave,
learned counsel for the applicants, has submitted that the
applicants are innocent persons and are falsely involved in this
case. He has also contended that no specific role is attributed
against the applicants. He read the order passed by the trial Court
and prayed to release the applicants on regular bail.
Against
this, Mr.Jani, learned Additional Public Prosecutor, has strongly
opposed the present application and read the order passed by the
trial Court.
I
have gone through the order passed by the trial Court as well as
papers produced on record of the case. Looking to the allegations
levelled against the applicants, I am inclined to release them on
regular bail.
Learned
counsels for the parties do not press for reasoned order.
Considering
the submissions made on behalf of the parties and having regard to
the facts and circumstances of the case, the application is allowed
and applicants are ordered to be released on bail in connection with
I-CR No.76 of 2010 registered with Chaklasi Police Station for the
offences alleged against them in this application on their executing
bond of Rs.10,000/-(Rupees Ten Thousand Only) each with one solvent
surety of the like amount to the satisfaction of the lower Court and
subject to the conditions that they shall,
(i) not
take undue advantage of their liberty or abuse their liberty;
(ii) not
act in a manner injurious to the the prosecution;
(iii)
not leave the local limits of State of Gujarat without the prior
permission of the concerned Sessions Judge;
(iv) Surrender
their passport, if any, to the lower Court within a week;
The
Authority 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 concerned
Sessions Judge 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 applicants on bail. Rule is
made absolute to the aforesaid extent.
Direct
Service is permitted.
(Z.
K. Saiyed, J)
Anup
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