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CR.MA/4205/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4205 of 2010
=========================================================
CHETNABEN
HADMATBHAI JADEJA (CHHARA) & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
SV RAJU FOR SV RAJU ASSOCIATES
for
Applicant(s) : 1 - 2
MR DIVYESH SEJPAL APP for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 28/04/2010
ORAL
ORDER
1. Rule. Learned A.P.P.
Mr.Divyesh Sejpal waives service of Rule for the respondent-State.
Having regard to the facts and circumstances of the case, this
application is taken up for hearing today.
2. This application is
preferred under Section 439 of the Code of Criminal Procedure, 1973
seeking regular bail by the applicants, who have been arrested in
connection with C.R.No.I-116 of 2009 registered with Sarkhej Police
Station, Ahmedabad for the offence punishable under Sections
406,420,120B and 114 of the Indian Penal Code, Sections 3 and 5 of
the Prize Chits and Money Circulation Scheme (Banning)Act, 1978 and
Section 3 of the Benami Transactions (Prohibition) Act, 1988.
3. I have heard learned
senior advocate Mr.S.V. Raju for the applicants
and learned A.P.P. Mr.Divyesh Sejpal for the respondent-State at
length and in great detail. Considering the averments made in the
application, role attributed to the applicants which is reflected in
the F.I.R. at Annexure A to the application and police papers, I am
of the view that since the applicants are already released on bail in
connection with the other offence alleged against them, they deserve
to be enlarged on bail.
4. For
the foregoing reasons, the application is allowed and the
applicants are ordered to be enlarged on bail in connection with
C.R.No.I-116 of 2009 registered with 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 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.
5. 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.
6. Bail bond to be
executed before the lower Court having jurisdiction to try the case.
7. 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.
8. Rule is made absolute
to the aforesaid extent. Direct service is permitted.
(H.B.
Antani, J.)
Hitesh
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