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CR.MA/272/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 272 of
2011
=========================================================
PRAJAPATI
YOGESHBHAI DAHYABHAI & 3 - petitioners(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
CHETAN K PANDYA for
petitioners(s) : 1 - 4.
MR DC SEJPAL, ASST. PUBLIC PROSECUTOR for
Respondent(s) : 1, MR NILESH MULIA, for the ORIGINAL
COMPLAINANT.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 19/01/2011
ORAL
ORDER
1. RULE.
Learned APP waives service of notice of rule on behalf of the
respondent-State.
2. Learned Counsel for
the petitioners does NOT PRESS this petition qua
PETITIONER NO.1. Rule is DISCHARGED qua
petitioner No.1.
3. With respect to
petitioner Nos.2 to 4, learned Counsel for the petitioners submitted
that they have no criminal antecedents. The investigation is over and
the charge-sheet is also filed. They happen to be the father-in-law
and brother-in-laws of the deceased girl.
4. Considering
the above prima facie
aspects of the matter and considering
that the trial is unlikely to complete shortly and since
charge-sheet is also filed,
I find this is a fit case for
granting bail. Under the circumstances, the PETITIONER
NOS. 2 TO 4 are
ordered to be released on bail in connection with I-C.R.
NO. 260 OF 2010,
registered with MEHSANA
TALUKA POLICE STATION, MEHSANA,
District : Mehsana, on their furnishing bond of Rs. 10,000/-(Rupees
Ten Thousand), with one surety of the like amount, by EACH
of them, to the
satisfaction of the lower Court and subject to the conditions that,
they shall:
(1). not take undue
advantage of their liberty or abuse their liberty;
(2). not act in a
manner injurious to the interest of the prosecution;
(3). maintain law and
order;
(4). mark their
presence before the concerned Police Station on every 1st
and 15th day of English Calendar month between 11:00 a.m.
to 2:00 p.m.;
(5). not leave the
State of Gujarat without prior permission of the Sessions Judge
concerned;
(6). furnish the
address of their residence at the time of execution of the bond and
shall not change the residence without prior permission of this
Court;
(7). surrender their
passports, if any, to the Lower Court immediately.
5. If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
6. Bail
before the Lower Court having jurisdiction to try the case.
7. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(AKIL
KURESHI, J.)
Umesh/
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