Gujarat High Court Case Information System
Print
CR.MA/11316/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11316 of 2008
=========================================================
SHAILESHBHAI
BHIKHABHAI VALA & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MS.
KRUTI M SHAH for Applicant(s) : 1 - 3.
MS FALGUNI D.PATEL APP for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 04/09/2008
ORAL
ORDER
Rule. Ms.Falguni D. Patel, learned Addl. Public Prosecutor for the
State waives the service.
2. Learned advocate appearing on behalf of the applicants seeks
permission to withdraw present application qua applicant No.1 ?
Shaileshbhai Bhikhabhai Vala, with a liberty to file afresh bail
application before the trial court after filing of the chargesheet.
Permission as prayed for is granted. Present application is rejected
qua applicant No.1. Rule is discharged accordingly.
3. Heard learned Advocate Ms.Kruti M.Shah, for the applicants and
Ms.Falguni D. Patel, learned Addl. Public Prosecutor for the State.
4. Present petition under sec.439 of the Code of Criminal Procedure
is filed by the applicant Nos.2 and 3 – original accused for
releasing them on regular bail in connection with the offence
registered with Botad Police
Station vide CR No.I-128 of 2008
for the offences punishable under sections 326,
324, 147, 148, 149 of Indian Penal Code and under sec.135
of Bombay Police Act.
5. Considering the nature of the allegation against the applicant
Nos.2 and 3 and role attributed to them, applicant Nos.2 and 3
deserve to be released on bail. No further reasons are assigned as
the same may affect the trial.
6. Considering the submissions made on behalf of the parties and
having regard to the circumstances and facts of the case, the
application is partly allowed and applicant Nos.2 and 3 are ordered
to be released on bail in connection with Crime Register No.I-128
of 2008 registered with Botad
Police Station on each of them executing a bond of
Rs.5,000/- (Rupees Five Thousand only) with one surety of the like
amount 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 act in a manner injurious to the interest of the prosecution
and maintain law and order
(c) not to enter in Botad City for a period of six months.
(d) mark their presence before nearest Police Station within whose
jurisdiction they shall reside during the aforesaid period of six
months, on 1st and 15th of every English
calendar month between 9.00 a.m. and 2.00 p.m. for a period of six
months.
(e) not lave the State of Gujarat without the prior permission of the
Sessions Court concerned;
(f) furnish the address of their residence at the time of execution
of the bond and shall not change the residence without prior
permission of this Court;
(g) surrender their passport, if any, to the lower Court within a
week.
7. 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.
8. Bail before the lower Court having jurisdiction to try the case.
9. Rule is made absolute qua applicant Nos.2 and 3 only. Direct
Service is permitted.
(MR
SHAH, J.)
rafik
Top