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CR.MA/3660/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3660 of 2010
=========================================
JAMNABEN
LALJIBHAI GAMIT & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
S.V.RAJU
ASSOCIATES for the Applicants.
Mr. D.C.Sejpal, Additional PUBLIC
PROSECUTOR for the
Respondent.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 27/04/2010
ORAL
ORDER
This
application is preferred under Section 439 of the Code of Criminal
Procedure for regular bail in connection with FIR registered as CR
No.I-155 of 2009 registered with Vyara Police Station, District Tapi
for the offences punishable under Sections 467, 468, 470, 471, 473
and 120-B of the Indian Penal Code.
Heard Mr.
S.V.Raju learned advocate for the petitioners and Mr. D.C.Sejpal,
learned Additional Public Prosecutor at length and in great detail.
I have also perused the averments made in the application as well as
the FIR produced on the record. Considering the role attributed to
the applicants as reflected in the FIR as well as in the police
papers, all the applicants had signed affidavit which was done at the
behest of their employer. Save and except the aforesaid role, no
other role is attributed to the applicants in the FIR. I have also
considered the provisions of section 439 of the Indian Penal Code,
quantum of punishment, nature of offence in which the applicants are
involved. Considering the above, I am of the view that the
petitioners deserve to be enlarged on regular bail, without
discussing the evidence in detail.
In the facts
and circumstances of the case, the application is allowed and the
petitioners are ordered to be enlarged on bail in connection with CR
No.I-155 of 2009 registered at Vyara Police Station on executing a
bond of Rs.10,000/- each [Rupees ten thousand only] with one surety
each 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 their liberty or abuse their 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 the prior permission of the Sessions
Court concerned;
[e] mark their
presence at the concerned police station on any day of every first
week of English calendar month between 9.00 AM and 2.00 PM. till the
trial is over;
[f] furnish the
present address of their residence to the I.O. and also to the Court
at the time of execution of the bond and shall not change their
residence without prior permission of this Court;
[g] maintain
law and order.
If breach of
any of the above conditions is committed, the Sessions Judge
concerned will be free to issue warrant or to 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 petitioners on bail.
Rule is made
absolute to the aforesaid extent.
Direct service
is permitted.
[H.B.
Antani, J.]
***vcdarji
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