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CR.MA/1278/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1278 of
2010
=========================================================
AYUBKHAN
CHHOGEKHAN SINDHI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
UMANG H OZA for
Applicant(s) : 1 - 2.
MR DC SEJPAL ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date : 09/03/2010
ORAL ORDER
This
is an application preferred under section 439 of the Code of
Criminal Procedure, 1973 by the applicants who came to be arrested
in connection with I-C.R.No.150 of 2009 registered at Aslali Police
Station for the offences punishable under sections 465, 467, 468,
471, 420, 114 and 120(B) of Indian Penal Code.
Having
considered the rival submissions and the role attributed to the
applicants as reflected in First Information Report at Annexure-A to
the application and the fact that applicant no.1 was working as
Driver and the applicant no.2 was working as Cleaner and they are
not main culprits as well as considering the role attributed to both
the applicants and the manner in which alleged offence is committed,
I am of the view that both the applicants deserve to be enlarged on
bail.
For
the foregoing reasons, the application is allowed and the applicants
are ordered to be enlarged on regular bail in connection with
I-C.R.No.150 of 2009 registered at Aslali Police Station on
executing bond of Rs.10,000/- (Rupees Ten Thousand Only)each with
one each 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 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 the concerned Police Station on any day of
every first week of English calender 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 petitioner on bail.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(H.B.ANTANI,
J.)
Amit/-
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