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CR.MA/12741/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12741 of 2010
=========================================
RAJESHBHAI
PAPPUBHAI DHANDHAL PARIA & 1
Versus
STATE
OF GUJARAT
=========================================
Appearance :
MRPRATIKYJASANI
for Applicant Nos.1-2.
MR LR PUJARI APP for
Respondent
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 15/11/2010
ORAL
ORDER
1. This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with First Information Report registered at
C.R.No. I-350 of 2010 with “A” Division Police Station,
District : Rajkot, for the offences punishable under Sections 457,
454, 380 and 114 etc. of the Indian Penal Code.
2. Mr.P.
Y. Jasani, learned counsel for the applicants submits that the
applicants have no antecedent and allegations against them are based
on conjuncture and surmises and the applicants are ready and willing
to abide by the conditions that may be imposed by this Court.
3. Mr.L.
R. Pujari, learned APP for the respondent – State submits that
the applicants are involved in serious offence and, therefore, he may
not be enlarged on bail.
4. Having
heard learned counsel for the parties and considering the record of
the case prima facie, nature of the allegations viz-a-viz role
attributed to the applicant and cause of justice will be served by
imposing suitable conditions while enlarging the applicants on bail.
5. In
the facts and circumstances of the case, the application is allowed
and the applicants are ordered to be released on bail in connection
with First Information Report registered at C.R.No. C.R.No. I-350 of
2010 with “A” Division Police Station, District : Rajkot,
on executing 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
their 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 addresses of residences 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;
6. The
Authorities will release the applicants only if they are not
required in connection with any other offence for the time being.
7. 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.
8. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
9. 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 applicant on bail.
10. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
[
ANANT S. DAVE, J. ]
vijay
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