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CR.MA/8986/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8986 of 2008
=====================================================
ASHISHBHAI
NAGINBHAI PATEL AND ANOTHER - Applicants
Versus
STATE
OF GUJARAT - Respondent
=====================================================
Appearance
:
MR CHIRAG M PAWAR for the
Applicants.
MR KT DAVE, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent.
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 10/07/2008
ORAL
ORDER
1. RULE.
Learned Additional Public Prosecutor Mr. K. T. Dave 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
application is preferred under Section 439 of the Code of Criminal
Procedure seeking regular bail in connection with C. R. bearing No.
I-79 of 2008 registered at Chaklasi Police Station, District:- Kheda
for the offences punishable under Sections 498A, 504, 323, 307 and
114 of the Indian Penal Code.
3. Learned
Advocate Mr. Chirag M. Pawar for the applicants submits that
considering the role attributed to the applicants which is reflected
in the FIR at Annexure-A, it is a fit case to release the applicants
on regular bail. The learned Advocate submitted that the applicants
would abide by terms and conditions which the Court may impose on
them.
4. As
against the aforesaid submissions, learned Additional Public
Prosecutor Mr. K. T. Dave for the respondent-State submitted that
considering the nature of the offences, the involvement of the
applicants in the commission of offences, it is not a fit case to
release them on regular bail. However, the learned Additional Public
Prosecutor further submitted that if the Court is inclined to release
them on regular bail, then stringent terms and conditions be imposed
on them.
5. Having
heard learned Counsel of both the sides and considering the averments
made in the application as well as the FIR which is produced at
Annexure-A, the applicants, in my considered view, are required to be
released on regular bail without entering into the merits of the
case. I have also perused the order passed by this Court in Criminal
Miscellaneous Application No. 8134 of 2008 which was with regard to
cross-case filed by the complainant in this case.
6. For
the foregoing reasons, the
application is allowed. The applicants are ordered to be enlarged on
bail in connection with C. R. bearing No. I-79 of 2008 registered at
Chaklasi Police Station, District:- Kheda for the offences punishable
under Sections 498A, 504, 323, 307 and 114 of the Indian Penal Code
on executing a bond of Rs.10,000/- each [Rupees Ten 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:
[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 concerned 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; (This condition is not be applicable to applicant
No. 2.)
[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 applicant on bail.
10. Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
[H.
B. ANTANI, J.]
/shamnath
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