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CR.MA/75/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 75 of
2010
=========================================================
AYUBALI
SADRUMIYA SAIYAD & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
SATYAM Y CHHAYA for
Applicant(s) : 1 - 2.
MS ML SHAH ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date : 21/01/2010
ORAL ORDER
This
is an application preferred under section 439 of the Code of
Criminal Procedure, 1973 by the applicants who are arrested in
connection with I-C.R.No.110 of 2009 registered at Kheda Town Police
Station, Kheda for the offences punishable under sections 323, 324,
326, 506(2) and 114 of Indian Penal Code.
The
learned advocate Mr.Satyam Chhaya for the applicants submitted that
subsequently section 326 of Indian Penal Code was also added in the
First Information Report. Considering the role attributed to the
applicants which is reflected in the First Information Report at
Annexure-A to the application, this is a fit case to enlarge the
applicants on bail.
Learned
APP Ms.M.L.Shah representing State while opposing the bail
application submitted that considering the role played by the
applicants and the manner in which applicants committed alleged
offence under the provisions of sections 323, 324, 326, 506(2) and
114 of Indian Penal Code, no discretionary relief be granted to the
applicants and the application deserves to be dismissed.
I
have heard Mr.Satyam Chhaya learned advocate for the applicants and
Ms.Shah, learned APP for the State.
Having
considered the role attributed to the applicants and reflected in
First Information Report at Annexure-A to the application, the
provisions of sections 323, 324, 326, 506(2) and 114 of Indian Penal
Code, quantum of punishment, police papers etc. I am of the view
that the applicants deserve to be
enlarged on bail.
For
the foregoing reasons, the application is allowed and the applicants
are ordered to be enlarged on regular bail in connection with
I-C.R.No.110 of 2009 registered at Kheda Town Police Station, Kheda
on executing bond of Rs.10,000/- (Rupees Ten 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,
[a]
not take undue advantage of their liberty or abuse their liberty;
[b]
not act in a manner injurious to the interest of the prosecution;
[c]
surrender their passport, if any, to the lower Court within a week;
[d]
not leave the State of Gujarat without the prior permission of the
Sessions Court concerned;
[e]
mark their presence at the concerned Police Station on any day of
every first week of English calender month between 9.00 AM and 2.00
PM till the trial is over;
[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
their residence without prior permission of this Court;
[g] maintain
law and order.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or to 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 petitioner on bail.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(H.B.ANTANI,
J.)
Amit/-
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