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CR.RA/151/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
REVISION APPLICATION No. 151 of 2011
=============================================
BHURABHAI
CHEHARBHAI DESAI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=============================================
Appearance
:
MR DJ BHATT for Applicant(s) :
1 - 2.
MR AJ DESAI ADDL. PUBLIC PROSECUTOR for Respondent(s) :
1,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 18/04/2011
ORAL
ORDER
The
challenge in this revision application preferred under Section 397
and 401 of Code of Criminal Procedure, 1973 is the order dated
28.2.2011 passed in Criminal Misc. Application No.318 of 2010, by
which, bail granted to the applicants came to be cancelled on the
ground that the applicants had failed to comply with the conditions
No. 2 and 7 of the order of the bail dated 28.7.2009 passed in
Criminal Misc. Application No.2168 of 2009 of learned Additional
Sessions Judge.
Learned
advocate for the applicants submit that charge-sheet is filed on
14.12.2009 and the applicants have attended and gone to mark their
presence at concerned police station but they were told that they
would be informed if their presence was necessary.
However,
the above fact is disputed by learned APP and it is submitted that
once conditions were imposed upon the applicants who were enlarged on
bail, they were duty bound to comply with the conditions and if there
was any inconvenience, an application for modification, deletion or
relaxation of the conditions could have been filed.
Be
that as it may be and considering the peculiar facts and
circumstances of this case and one of the applicant is suffering from
heart ailment, at this I am inclined to allow this application by
quashing and setting aside the impugned order dated 28.2.2011 passed
in Criminal Misc. Application No.318 of 2010 and enlarge the
applicants on bail by imposing suitable conditions. Under the
circumstances, the applicants are ordered to be released on bail in
connection with C.R. No.I-194 of 2007 with Karanj Police Station, on
their furnishing bond of Rs. 5000/-(Rupees Five Thousand) each with
one surety of like amount to the satisfaction of the lower Court and
subject to following conditions :
not
take undue advantage of their liberty or abuse their liberty;
not
act in a manner injurious to the interest of the prosecution;
maintain
law and order;
mark
their presence before the concerned Police Station on every 1st
and 15th day of English Calendar month between 11:00 am
to 2:00 pm till the charge is framed;
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
furnish
the address of their residence at the time of execution of the bond
and shall not change the residence without prior permission of this
Court;
surrender
their passport, if any, to the Lower Court immediately.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
Bail
before the Lower Court having jurisdiction to try the case.
Rule
is made absolute. Application is disposed of accordingly.
Direct
service is permitted.
[ANANT
S. DAVE, J .]
//smita//
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