Gujarat High Court Case Information System
Print
CR.MA/10631/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10631 of 2010
=================================================
BECHARBHAI
JIVABHAI DHANDHAL & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=================================================
Appearance :
MR
ASHISH M DAGLI for Applicant(s) : 1 - 2.
MRS KRINA CALLA APP for
Respondent(s) : 1,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 09/09/2010
ORAL
ORDER
Rule.
Mrs. Krina Calla, learned APP, waives service of notice of Rule for
respondent – State.
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
CR No.I-35 of 2010 with Panshina Police Station, for the offences
punishable under Sections 465, 467 and 471 of the Indian Penal Code.
Learned
advocate for the applicants submits that petitioner No.1 is doing
transportation business and owner of both the trucks. It is further
submitted that due to bonafide mistake of the painter, number plates
were wrongly affixed. Learned advocate for the applicants further
submits that charge sheet is already filed and, therefore, the
applicants deserve to be enlarged on bail.
Heard
learned APP for the respondent – State.
Having
heard learned counsel for the parties and perusing the record of the
case and taking into consideration the facts of the case, nature of
allegations, role attributed to the accused and punishment
prescribed for the alleged offences, I am inclined to enlarge the
applicants on bail.
Learned
counsel for 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 released on bail in connection
with first information report registered at C.R. No.I-35 of 2010
with Panshina 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. for three months
only;
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;
The
Authorities will release the applicants only if not required in
connection with any other offence for the time being.
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.
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. D.S. Permitted.
(ANANT
S. DAVE, J.)
*pvv
Top