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CR.MA/13301/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13301 of 2010
=========================================
DHARAMSI
JEMAL KOLI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR NIKHIL S
KARIEL for
Applicant(s) : 1 - 2.
MR HH PARIKH, LD. ADDL. PUBLIC PROSECUTOR
for Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 22/11/2010
ORAL
ORDER
This
application is filed by the applicants under Section 439 of the
Criminal Procedure Code, 1973 for releasing them on regular bail in
connection with CR No.I-40 of 2010 registered with Adhoi Police
Station for the offences punishable under Sections 363, 366 and 376
of the Indian Penal Code.
Heard
Mr.Nikhil Kariel, learned counsel for the applicants and Mr.H.H.
Parikh, learned Additional Public Prosecutor for the State.
Mr.Kariel,
learned counsel for the applicants, has submitted that the
applicants are innocent and are falsely involved in the present
case. He has also contended that the applicants have not committed
any offence as alleged in the F.I.R. He has also contended that the
complaint is filed at a later stage. He, therefore, contended that
looking to the overall facts and circumstances of the case, this is
a fit case to release the applicants on regular bail.
As
against this, Mr.Parikh, learned Additional Public Prosecutor, has
strongly opposed the present application and contended that
prima-facie case is made out against the present applicants. He,
therefore, contended that present application deserves to be
rejected.
I
have gone through the order passed by the trial Court as well as
papers produced on record of the case. Looking to the allegations
levelled against the applicants, I am inclined to release them on
regular bail. However, learned counsel for the parties do not press
for reasoned order.
Considering
the submissions made on behalf of the parties and having regard to
the facts and circumstances of the case, the application is allowed
and applicants are ordered to be released on bail in connection with
CR No.I-40 of 2010 registered with Adhoi Police Station for the
offences alleged against them in this application on their executing
bond of Rs.10,000/- (Rupees Ten Thousand Only) each with one solvent
surety of the like amount to the satisfaction of the lower Court and
subject to the conditions that they shall,
(i) not
take undue advantage of their liberty or abuse their liberty;
(ii) not
act in a manner injurious to the prosecution;
(iii)
not leave the local limits of State of Gujarat without the prior
permission of the concerned Sessions Judge;
(iv) furnish
the present address of residence to the Investigating Officer as
well as to the Court at the time of furnishing bond and shall not
change their residence till further orders;
(v) Surrender
their passport, if any, to the lower Court within a week;
(vi) maintain
law and order;
The
Authority will release the applicants only if they are not required
in connection with any other offence for the time being.
If
breach of any of the above conditions is committed, the concerned
Sessions Judge 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.
Direct
Service is permitted.
(Z.
K. Saiyed, J)
Anup
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