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CR.MA/9250/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9250 of 2008
=====================================================
ABHESINH
MAGAN SHIKARI AND OTHERS - Applicants
Versus
STATE
OF GUJARAT - Respondent
=====================================================Appearance
:
MR PM DAVE for the
Applicants.
MR HL JANI, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent.
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 15/07/2008
ORAL
ORDER
1. RULE.
Learned Additional Public Prosecutor Mr. H. L. Jani waives service
of Rule on behalf of the respondent-State. In the facts and
circumstances of the case, the matter is taken up for hearing today.
2. This
is an application preferred under Section 439 of the Code of Criminal
Procedure in connection with C. R. bearing No. I-62 of 2008 filed at
Godhra Taluka Police Station for the offences punishable under
Sections 436, 504, 506 (2), 429, 427 and 114 of the Indian Penal
Code.
3. Learned
Advocate Mr. P. M. Dave for the petitioners submitted that
considering the role which is attributed to the petitioners and
reflected in the FIR produced at Annexure-A, the petitioners be
released on regular bail. The learned Advocate submitted that the
petitioners would abide by the terms and conditions imposed by this
Court.
4. As
against the aforesaid submissions, learned Additional Public
Prosecutor Mr. H. L. Jani for the respondent-State vehemently
submitted that considering the nature of the offences and the
involvement of the petitioners in the commission of offences, it is a
fit case to reject the bail petition. However, the learned
Additional Public Prosecutor, in the alternative, submitted that if
the Court is inclined to grant bail, then stringent terms and
conditions be imposed on the petitioners in order to safeguard the
interest of the prosecution.
5. Heard
learned Counsel for the respective parties at length and in great
detail. Perused the averments made in the petition and the FIR
produced at Annexure-A to the petition. Considering the role
attributed to the petitioners and the nature of the offences in which
the petitioners are involved, I am inclined to exercise my discretion
in favour of the petitioners. However, stringent terms and
conditions are required to be imposed so as to safeguard the interest
of the prosecution.
6. For
the foregoing reasons, the petition is allowed. The petitioners are
ordered to be enlarged on bail in connection with C. R. bearing No.
I-62 of 2008 filed at Godhra Taluka Police Station for the offences
punishable under Sections 436, 504, 506 (2), 429, 427 and 114 of the
Indian Penal Code on their executing a bond of Rs.10,000/- [Rupees
Ten 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:
[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 passport, 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] shall
not enter the local limits of Village: Chhavad, Taluka: Godhra,
District: Panchmahals till the trial is over except for the purpose
of attending trial;
[f] furnish
the present address of their residence to the Investigating Officer
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;
and,
[g] maintain
law and order.
7. 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.
8. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
9. 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.
10. Rule
is made absolute. Direct Service is permitted.
[H.
B. ANTANI, J.]
/shamnath
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