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CR.MA/9393/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9393 of 2010
=========================================
MOHANBHAI
LALUBHAI PARGHI (MENA) & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR NIRAV C
THAKKAR for
Applicant(s) : 1 - 2.
MR UA TRIVEDI, LD. ADDL. PUBLIC PROSECUTOR
for Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 16/08/2010
ORAL
ORDER
Rule.
Mr.U.A. Trivedi, learned Additional Public Prosecutor, waives
service of Rule on behalf of the 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 CR No.I-107 of 2010
registered with Kheda Town Police Station for the offences
punishable under Sections 407, 411 read with section 117 of the
Indian Penal Code and Sections 3 and 7 of the Essential Commodities
Act.
Heard
Mr.Nirav Thakkar, learned counsel for the applicants and Mr.U.A.
Trivedi, learned Additional Public Prosecutor, for the State.
Mr.Thakkar
has submitted that the applicants are innocent and have not
committed any offence. He has also contended that no prima-facie
case is made out against the applicants. He read the order passed by
the trial Court and prayed to release the applicants on regular
bail.
As
against this, Mr.Trivedi, 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
counsel for the parties do not press for a 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
CR No.I-107 of 2010 registered with Kheda Town Police Station for
the offences alleged against them in this application on their
executing a 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 prosecution;
(iii) not
leave the local limits of State of Gujarat without the prior
permission of the concerned Sessions Judge;
(iv) mark
their presence before the Investigating Officer on 18th
day of every calender month between 09:00 a.m. and 02:00 p.m.;
(v) 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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