IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION No 2073 of 1997
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ABDULBHAI ISHAKBHAI FAKIR
Versus
STATE OF GUJARAT
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Appearance:
MR JV JAPEE for Petitioners
MR.N.D.GOHIL, ADDL.PUBLIC PROSECUTOR for Respondent No. 1
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CORAM : MR.JUSTICE K.R.VYAS
Date of Order: 11/04/97
ORAL ORDER
Mr. Japee seeks leave to withdraw this
application qua petitioner No.3 Hasanbhai Gafarbhai Fakir
with a view to file fresh application after the
chargesheet is filed. Permission granted. It stands
disposed of as withdrawn qua petitioner No.3.
Rule. Mr. N.D.Gohil learned APP waives service
of the Rule.
The parties do not press for reasoned order.
Considering the submissions made on behalf of the
parties, and having regard to the circumstances and facts
of the case, the petition is allowed and the petitioners
Nos. 1,2 and 4 Abdulbhai Isakbhai, Sirajbhai Isakbhai
and Isakbhai Usmanbhai are ordered to be released on bail
on their executing a bond of Rs.2000 each (Rupees Two
thousand each) with one surety of the like amount to the
satisfaction of the lower Court and subject to the
conditions that they shall :
(a) not take undue advantage of their liberty or
misuse their liberty;
(b) not act in a manner injurious to the interest of
the prosecution;
(c) maintain law and order;
(d) mark their presence before the nearest Police
Station from where they are going to reside on
every 1stand 15th day of the month any time
between 9.00 A.M. and 2.00 P.M.;
(e) not leave the local limits of Sabarkantha
District without the prior permission of the
Sessions Judge, Sabarkantha at Himatnagar ;
(f) furnish the address of his residence at the time
of execution of the bond and shall not change
their residence without prior permission of this
Court;
(g) not enter into the local limits of Idar town till
the chargesheet is filed without prior permission
of this Court, but for attending the Court in
connection with this case, they will be free to
enter the limits for a period to that extent
necessary and will leave the limits thereafter
soon after the matter is adjourned.
3.If breach of any of the above conditions is
committed, the Sessions Judge, Sabarkantha at Himatnagar
will be free to issue warrant or take appropriate action
in the matter.
4.Bail before the lower Court having jurisdiction
to try the case.
Rule is made absolute accordingly qua
petitioners Nos. 1,2 and 4.DS permitted.
(K.R.Vyas,J.)