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CR.MA/3450/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3450 of 2010
=========================================================
CHETNABEN
HADMATBHAI JADEJA (CHHARA) & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
SV RAJU, SENIOR ADVOCATE for SV RAJU ASSOCIATES
for
Applicant(s) : 1 - 3.
MR DEVANG VYAS, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 23/04/2010
ORAL
ORDER
1. This
is an application preferred under Section 439 of the Code of Criminal
Procedure by the applicants who came to be arrested in connection
with CR No. I-129 of 2009 registered at Sarkhej Police Station,
Ahmedabad for the offence punishable under Sections 406, 420, 114 of
the IPC and Sections 3 and 5 of the Prize Chits and Money Circulation
Schemes (Banning) Act, 1978 as well as Section 3 of the Benami
Transactions (Prohibition) Act, 1988.
2. Heard
Mr SV Raju, learned Senior Advocate for the applicants and Mr Devang
Vyas, learned APP for the State at length and in great detail.
Considering the role attributed to the applicants as reflected in the
FIR as well as the police papers and in view of the earlier order
passed by this Court in Criminal Misc. Application Nos. 12952 and
12964 of 2009 dated 8.12.2009, I am of the view that the applicants
also deserve to be enlarged on bail.
3. In the facts and
circumstances of the case, the application is allowed and the
applicants are ordered to be enlarged on bail in connection with CR
No. I-129 of 2009 registered at Sarkhej Police Station, Ahmedabad on
executing a bond of Rs.10,000/- each [Rupees ten thousand only] 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] 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;
[f] maintain law and
order.
4. 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.
5. Bail bond to be
executed before the lower Court having jurisdiction to try the case.
6. 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.
7. Rule is made absolute
to the aforesaid extent. Direct service is permitted.
[H.B.ANTANI,
J.]
mrpandya
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