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CR.MA/3712/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3712 of 2010
=========================================================
SIPAI
BABUBHAI UMEDBHAI @ MEHMADBHAI & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
KEYUR A VYAS for
Applicant(s) : 1 - 3.
MR DEVANG VYAS, ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 28/04/2010
ORAL
ORDER
This
is an application under Sec.439 of the Code of Criminal Procedure,
1973, by the applicants who came to be arrested in connection with
CR No. I-09 of 2010 registered at Bavalu police station for the
offence punishable under Sections 147, 148, 149, 307, 323, 324, 326,
504 and 135 of Indian Penal Code.
I
have heard Mr. K.A. Vyas, learned advocate for the applicants and Mr.
Devang Vyas, learned APP for the opponent State at length and in
great detail. Considering the rival submissions canvased by the
learned advocates and the role attributed to the applicants which is
reflected in the FIR at Annexure:A to the application, nature of
injuries sustained by the applicants as well as injury certificate,
police papers, provisions of Sections 147, 148, 149, 307, 323, 324,
326, 504 and 135 of Indian Penal Code, I am of the view that the
applicants deserve to be enlarged on bail without discussing the
evidence in detail.
In
the facts and circumstances of the case, the application is allowed
and the applicants are ordered to be enlarged on bail in connection
with CR No. I-09 of 2010 registered at Bavalu Police Station on
executing a 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 first
week of every English calendar 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 applicants on bail.
Rule is
made absolute to the aforesaid extent.
Direct
Service is permitted.
(H.B.ANTANI,
J.)
pirzada/-
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