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CR.MA/1084020/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10840 of 2008
=========================================================
DHIRUBHAI
POLABHAI DEVIPUJAK (SOLANKI) & ANOTHER
Versus
STATE
OF GUJARAT
=========================================================
Appearance :
MR
ASHISH M DAGLI for Applicants.
MR HL JANI, ADDL. PUBLIC PROSECUTOR
for
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 25/08/2008
ORAL
ORDER
RULE. Mr. H.L.
Jani, learned Additional Public Prosecutor waives service of rule on
behalf of the respondent. At the request of the learned counsel
appearing for the parties, this application is taken up for hearing
today.
This application
is filed under section 439 of the Code of Criminal Procedure in
connection with First Information Report registered as C.R. No. I
424 of 2008 before Rajkot Taluka Police Station, for the offence
punishable under sections 498.A, 306 and 114 of the Indian Penal
Code.
Learned advocate
for the petitioners submitted that considering the role attributed to
the petitioners which is reflected in the FIR at Annexure ‘A’ to the
petition, the petitioners are not directly involved in the commission
of the alleged offences. In view of the above, learned advocate
submitted that the petitioners be enlarged on regular bail.
On the other
hand, learned APP, Mr. H.L. Jani submitted that considering the role
played by the petitioners and the manner in which they have aided and
abated the other accused persons in the commission of offence, the
petition does not call for any interference and the same is liable to
be dismissed.
Heard learned
advocate Mr. Dagli for the petitioners and Mr. H.L. Jani, learned APP
at length and in great detail. I have also perused the averments
made in the application as well as the FIR produced on record the
petition. It primafacie appears that the petitioners have not played
any role in the commission of the offence. Considering the above, I
am of the view that the the applicants are required to be enlarged on
regular bail at this stage, without entering into the merits of the
case and without discussing the evidence in detail.
The parties do
not press for further reasoned order.
In the facts and
circumstances of the case, the application is allowed and the
applicants are ordered to be enlarged on bail in connection with C.R.
No. I 424 of 2008 dated before Rajkot Taluka 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 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]. mark their
presence at Rajkot Taluka 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 applicant on bail.
Rule is made
absolute to the aforesaid extent.
Direct Service is
permitted.
mathew [H.B.ANTANI,
J.]
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