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CR.MA/842/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 842 of 2011
=========================================================
ANSARI
JAVED ATIK AHEMAD ANIF AHMED YASIN AHEMAD & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
TEJAS P SATTA for
Applicant(s) : 1 - 2.
Mr Kartik Pandya, Addl. PUBLIC PROSECUTOR
for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 04/02/2011
ORAL
ORDER
1. Rule.
Learned APP, waives service of notice of Rule for respondent –
State.
2. This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered
being CR No.I – 292 of 2010 with Mehsana City Police Station,
for the offences punishable under Sections 392, 120-B and 114 of the
Indian Penal Code.
3. Learned
counsel appearing for the applicants submits that looking to the
nature of offence and the role attributed to the accused, now the
charge sheet is filed and as no identification parade is held, by
imposing suitable conditions, the petitioners may be enlarged on
bail.
.
4. Heard learned
APP for the respondent – State. He has submitted that looking
to the nature of offence and the role attributed to the accused,
they may not be enlarged on bail.
5. Having heard
learned counsel for the parties and perusing the record of the case
and taking into consideration the facts of the case, nature of
allegations, role attributed to the accused and punishment prescribed
for the alleged offences and now the charge sheet is filed and no
identification parade is held, I am inclined to enlarge the
petitioners on bail.
6. In the facts
and circumstances of the case, the application is allowed and the
applicants are ordered to be released on bail in connection with
first information report registered being C.R. No.I- 292 of 2010 with
Mehsana City Police Station, on executing bond of Rs.5,000/- (Rupees
Five thousand only) each with one surety each of the like amount to
the satisfaction of the trial Court and subject to the conditions
that they shall;
not
take undue advantage of liberty or misuse liberty;
not
act in a manner injurious to the interest of the prosecution;
surrender
their passport, if any, to the lower court within a week;
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
mark
their presence at the concerned police station on the first Sunday
of every month between 10.00 a.m. and 3.00 p.m. for three months
only;
furnish
the present address of residences to the I.O. and also to the Court
at the time of execution of the bond and shall not change the
residence without prior permission of this Court;
The
Authorities will release the applicants only if they are not
required in connection with any other offence for the time being.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or 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 applicants on bail.
Rule is
made absolute to the aforesaid extent. D.S. Permitted.
(ANANT
S. DAVE, J.)
msp
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