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CR.MA/10145/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10145 of
2011
=========================================================
RAJUBHAI
VIHABHAI DHOLAKIA & 3 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
ASHISH M DAGLI for
Applicant(s) : 1 - 4.
MRS. MANISHA L. SHAH, ADDL. PUBLIC
PROSECUTOR for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 19/07/2011
ORAL
ORDER
Learned
Advocate for the applicants does not press this application qua
applicant No.1 – Rajubhai Vihabhai Dholakia and applicant No.2
– Dudhabhai Vihabhai Sadiya. Rule stands discharged qua
applicants No.1 and 2.
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with First Information Report registered as
I-C.R. No.65/2011 with Gadhada Police Station, for the offences
punishable u/s. 307, 325, 324, 323, 504, 34 and 417 of Indian Penal
Code & u/s. 135 of the B.P. Act.
Learned
Counsel appearing for the applicants submits that
considering the role attributed to applicants No.3 and 4 vis-a-viz
the nature of injuries at this stage, their case may be considered
for regular bail.
Heard
learned APP Mrs. Manisha L. Shah for the respondent-State.
Having
heard learned Counsels for the parties and perusing the record of
the case and taking into consideration the facts of the case, nature
of allegations, role attributed to the applicants, by imposing
suitable conditions, I deem it just and proper to enlarge the
applicants No.3 and 4 and on bail.
Learned
Counsels for the parties do not press for further reasoned order.
In
the facts and circumstances of the case, the application is allowed
and the applicant No.3 – Rambhai Nathabhai Dholakia and
applicant No.4 – Kanubhai Vihabhai Dholakia are ordered to be
released on bail in connection with First Information Report
registered as I-C.R. No.65/2011 with Gadhada Police Station, on
executing a bond of Rs.5,000/- (Rupees Five Thousand Only) each with
one surety 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 liberty or misuse liberty;
b)
not act in a manner injurious to the interest of the prosecution;
c)
surrender their passports, if any, to the lower court within a week;
d)
not leave the State of Gujarat without prior permission of the
Sessions Judge concerned;
e)
mark presence at the concerned Police Station on the first Sunday of
every month between 10.00 a.m. and 3.00 p.m. for three months only;
f)
furnish the present address of their residence to the Investigating
Officer 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;
The
authorities will release the applicants only if not required in
connection with any other offence for the time being.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned 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
made absolute. Direct Service is permitted.
Sd/-
(Anant
S. Dave, J.)
Caroline
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