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CR.MA/14128/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14128 of 2010
=============================================
JAGDISHBHAI
@ JAGO SARMANBHAI & 3 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=============================================
Appearance
:
MR ASHISH M DAGLI for
Applicant(s) : 1 - 4.
MR LR PUJARI ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 03/12/2010
ORAL
ORDER
1. Rule.
Learned APP, waives service of notice of Rule for respondent –
State.
2. This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
CR No.I-276/2010 with Vatva Police Station, for the offences
punishable under Sections 365, 114 etc. of the Indian Penal Code.
3. Learned
counsel appearing for the applicants submits that considering the
nature of allegations, role attributed and the fact that Kiran son of
the complainant was found within 2 ½ hours from a public place
and no other role is attributed, the applicants may be enlarged on
bail.
4. Heard
learned APP for the respondent – State.
5. Having
heard learned counsel for the parties and perusing the record of the
case and looking to the fact and circumstances of the case, I am
inclined to enlarge the applicants on bail.
6. 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 CR No.I-276/2010 with
Vatva Police Station, 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;
not
take undue advantage of liberty or misuse liberty;
not
act in a manner injurious to the interest of the prosecution;
surrender
their passport, if any, to the lower court within a week;
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
mark
their presence at Junagadh City ‘A’ Division police station on the
first Sunday of every month between 10.00 a.m. and 3.00 p.m. till
the trial commences;
furnish
the present address 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;
7. The
Authorities will release the applicants only if they are not required
in connection with any other offence for the time being.
8. 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.
9. Bail
bond to be executed before the lower court having jurisdiction to try
the case.
10. 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.
11. Rule
is made absolute to the aforesaid extent. D.S. Permitted.
(ANANT
S. DAVE, J.)
//smita//
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