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CR.MA/9756/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9756 of 2010
=========================================================
DINESH
RAMJANAM SHUKLA & 1
Versus
STATE
OF GUJARAT
=========================================================
Appearance
:
MR
PB KHANDHERIA for
Applicants
MR UA TRIVEDI ADDL. PUBLIC PROSECUTOR for
Respondent
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 27/08/2010
ORAL
ORDER
This
application is filed under section 439 of the Code of Criminal
Procedure by the applicants who have been arrested in connection
with C.R. No. I – 15 of 2010 registered with Gondal City Police
Station, Rajkot for the offence punishable under sections 394, 395,
396, 397, 302, 120(B), 201 and 114 of the Indian Penal Code and
Section 25(1-B)(A) of Arms Act and Section 135 of the Bombay Police
Act.
Learned
advocate for the applicants submitted that the applicants are
innocent persons and a false case is foisted on them. He has
submitted that the co-accused have been released by this Court in
Criminal Misc. Application No.9623 of 2010 dated 26.08.2010, Criminal
Misc. Application No.9764 of 2010 dated 25.08.2010, Criminal Misc.
Application No.6855 of 2010 dated 29.07.2010 and Criminal Misc.
Application No.8696 of 2010 dated 10.08.2010. He submitted that
considering the roles attributed to the applicants and reflected in
the FIR at Annexure ‘A’ to the application, this is a fit case to
enlarge the applicants on regular bail.
As against
the aforesaid, learned APP submitted that considering the role played
by the applicants, no discretionary relief can be granted to the
applicants, and the application deserves to be dismissed.
Having
heard the rival submissions of learned advocates and having
considered the role attributed to the applicants and reflected in the
FIR at Annexure A, the quantum of punishment etc. and the
co-accused is released by this Court, I am of the view that the
applicants are required to be enlarged on regular bail at this stage
on stringent conditions, 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 – 15 of 2010 registered with Gondal City Police
Station, Rajkot, 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 passports, 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 the concerned Police Station on 15th day
of each English calendar month between 9.00 AM and 2.00 PM. till the
trial is over;
[f]. furnish
the present addresses 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 applicants on bail.
Rule is
made absolute to the aforesaid extent. Direct Service is
permitted.
(Z.K.SAIYED,
J.)
vijay
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