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CR.MA/13551/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13551 of 2008
=========================================================
AMBUBHAI
CHHAGANBHAI PARMAR & 3 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR.HARDIK
BHARHMBHAT for
Applicant(s) : 1
- 4.
Mr.S.P.Hasurkar,APP for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 22/10/2008
ORAL
ORDER
Rule.
Mr.Hasurkar, learned A.P.P. waives service on behalf of the
respondent State.
2. The
applicants, who have been arrested in connection with CR No.I-64 of
2008 registered with Sojitra Police Station for the offences
punishable under Sections 306, 506(2), 504 and 114 of Indian Penal
Code, have preferred this application seeking their release on bail.
3. The
allegation against the applicants are that, in order to grab the land
No.28 belonging to the deceased, the applicants frequently used to
threaten the deceased of dire consequences and also used to abuse
him, on account of that the deceased committed suicide by consuming
poison and thereby the applicants committed the offences as stated
above.
4. In
view of the fact that the complaint was filed after a period of 15
days from the date of alleged incident and since the charge sheet is
filed, and the co-accused are released by this Court vide order dated
13.10.2008, this application deserves to be allowed.
4. Accordingly,
the application is allowed. The applicants are ordered to be released
on regular bail in connection with C.R.No.I-64 of 2008 registered
with Sojitra Police Station for the offences alleged against them in
this application on their executing personal bond of Rs.10,000/- each
(Rupees ten thousand only) with one solvent surety of 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
to act in a manner injurious to the interest of the prosecution;
(c) maintain
law and order;
(d) mark
their presence before the concerned Police Station on 1st
Monday of every month between 9.00 a.m. and 2.00 p.m.
(e) not
leave the State of Gujarat without the prior permission of this
Court.
(f) furnish
the 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) surrender
their passport, if any, to the lower Court within a week;
5. If
breach of any of the above condition is committed, the Sessions Judge
concerned will be free to issue warrant or take appropriate action in
the matter.
6. Bail
before the lower Court having jurisdiction to try the case.
7. Rule
is made absolute. Direct service is permitted.
(
M.D.Shah, J )
srilatha
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