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CR.MA/15251/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 15251 of 2010
=========================================================
KESARIBEN
LAKHABHAI VADI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
UM SHASTRI for
Applicant(s) : 1 - 2.
MR LR PUJARI ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 16/12/2010
ORAL ORDER
RULE.
Mr.LR Pujari, learned Additional Public Prosecutor waives service
of notice of rule for respondent – State.
In the
facts and circumstances of the case and with the consent of the
learned advocates appearing on behalf of the respective parties,
present application is taken up for final hearing today.
This
application has been preferred by the applicants – original accused
Nos.3 and 4, under Section 438 of the Code of Criminal Procedure in
connection with First Information Report registered at CR No. I-104
of 2010 with Morva (Hadaf) Police Station for the offences
punishable under Sections 143, 147, 148, 149, 336 and 307 of the
Indian Penal Code and under sec.135 of Bombay Police Act.
Heard
Mr.U.M. Shastri, learned advocate appearing on behalf of the
applicants and Mr.L.R. Pujari, learned Additional Public Prosecutor
appearing on behalf of the State.
Having
heard the learned advocates appearing on behalf of the respective
parties and looking to the nature of the allegations of pelting
stones, made against the applicants and considering the fact that
the applicants are ladies and other co-accused are already
released on bail, present application deserves to be allowed.
In the
result, this application is allowed by directing that in the event
of the applicants herein being arrested pursuant to FIR being CR No.
I-104 of 2010 registered with Morva (Hadaf) Police Station,
the applicants shall be released on bail on furnishing a bond of
Rs.5,000/-, each [Rupees five thousand only] with one surety of like
to the satisfaction of the lower Court and subject to the
conditions that they :-
(a) shall
cooperate with the investigation and make available for whenever
required;
(b) shall
remain present at the concerned Police Station on 22.12.2010 at 11.00
a.m ;
(c) shall
not hamper the investigation in any manner nor shall directly or
indirectly make any inducement, threat or promise to any witness so
as to dissuade them for disclosing such facts to the Court or to any
Police Officer;
(d) at the
time of execution of bond, furnish the address to the Investigating
Officer and the Court concerned and shall not change the residence
till the final disposal of the case till further orders;
(e) will
not leave India without the permission of the Court and, if are
holding passport, shall surrender the same before the Trial Court
within a week;
(f) this
order will be operative if the applicants are arrested at any time
within a period of 90 days ;
(g) within
a period of ten days from the date of arrest, the applicants shall
apply for regular bail which application shall be decided by the
competent Court in accordance with law without being influenced by
the fact that anticipatory bail was granted.
8. With
these directions, this application is disposed of. Rule is made
absolute to the aforesaid extent. Direct Service is permitted.
[M.R.
SHAH, J.]
rafik
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