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CR.MA/14965/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14965 of 2010
=============================================
BALVANTBHAI
BALUBHAI PAGHDAL & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=============================================
Appearance
:
MR ASHISH M DAGLI for
Applicant(s) : 1 - 2.
MS KRINA P CALLA ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 27/12/2010
ORAL
ORDER
1. This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
CR No.I-231 of 2010 with Salabatpura Police Station, for the
offences punishable under Sections 452, 342, 302, 114, 188 and 201
etc. of the Indian Penal Code.
2. Learned
counsel appearing for the applicants submit that considering the
nature of evidence, role attributed to the applicant and punishment
prescribed, this application for bail may kindly be considered.
3. Heard
learned APP for the respondent – State.
4. Having
heard learned counsel for the parties and perusing the record of the
case and considering the nature of allegations against the applicant,
at the most prima facie could attract section 201 of IPC and in view
of the above, I am inclined to enlarge the applicants on bail.
5. 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 at CR No.I-231 of 2010 with
Salabatpura Police Station, on executing bond of Rs.5,000/- (Rupees
Five 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;
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. till the trial
commences;
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;
6. The
Authorities will release the applicants only if they are not required
in connection with any other offence for the time being.
7. 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.
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 applicants on bail.
10. Rule
is made absolute to the aforesaid extent. D.S. Permitted.
(ANANT
S. DAVE, J.)
//smita//
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