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CR.MA/13479/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13479 of 2008
=========================================================
DILIP
THAKUR GANGA THAKUR & 15 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
AY KOGJE for
Applicant(s) : 1
- 16.
MR SP HASURKAR, APP for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 21/10/2008
ORAL
ORDER
Heard
learned advocate Mr.Kogje for the applicants and learned APP
Mr.Hasurkar for the respondent State.
2. The
present applicants are arrested in connection with the offence being
CR No. I-48 of 2008 registered with Dahej Police Station for the
offences punishable under Sections 143, 147, 148, 149, 337, 436, 427,
353 of IPC and Section 135 of the Bombay Police Act. They have been
in judicial custody since 2.10.2008.
3. I
have gone through the complaint. Their application for bail preferred
before the Sessions Court was rejected on 10.10.2008. Except the
offence under Section 436 of IPC, all the other offences levelled
against the present applicants are bailable offences and triable by
the trial Court. The applicants are all labourers. In view of the
above, the application is required to be allowed and the same is
hereby allowed. The applicants are ordered to be released on bail on
each of them executing a personal bond in sum of Rs.5,000/- (Rupees
Five thousand only) with a surety of like amount each to the
satisfaction of the lower Court 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) mark
their presence before the concerned police station on every 1st
day of the month between 11.00 a.m. and 5.00 p.m.;
(d) maintain
law and order;
(e) not
leave the local limits of State of Gujarat without the prior
permission of the Sessions Judge;
(f) furnish
the 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 the
residence without prior permission of this Court;
(g) surrender
their passports, if any, to the lower Court within a week;
(h) not
enter into the local/revenue limits of the place of incidence
without prior permission of the Court, but for attending the Court
in connection with the case and will be free to enter the limits
for a period extent necessary and will leave the limits immediately
after the case is adjourned.
3. 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 mater.
4. Rule
is made absolute. Direct service is permitted.
(M.D.Shah,J.)
Sreeram.
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