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CR.MA/8735/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8735 of 2011
=========================================================
GHUGHABHAI
NANABHAI BALDANIYA & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
KAMAL M SOJITRA for
Applicant(s) : 1 - 3.
MRS MANISHA L. SHAH, ADDL. PUBLIC PROSECUTOR
for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 08/07/2011
ORAL
ORDER
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with First Information Report registered as
I-C.R. No.35/2011 with Savarkundla Rural Police Station, Amreli for
the offences punishable under Sections 304 and 34 of Indian Penal
Code.
Learned
Counsel appearing for the applicants submit that the investigation
is on verge of completion and cause of death is cardio-respiratory
failure and at this stage, no material points out the offences
alleged as such and hence, the applicants may be enlarged on bail.
Heard
learned APP Mrs. Manisha L. Shah for the respondent-State.
Having
heard learned Counsels 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 applicants, by imposing
suitable conditions, I deem it just and proper to enlarge the
applicants on bail.
Learned
Counsels 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 as I-C.R. No.35/2011 with
Savarkundla Rural Police Station, Amreli, on executing a 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;
a) not take undue advantage of liberty
or misuse liberty;
b) not act in a manner injurious to
the interest of the prosecution;
c) surrender their passports, if any,
to the lower court within a week;
d) not leave the State of Gujarat
without prior permission of the Sessions Judge concerned;
e) mark 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;
f) furnish the present address of
their residence to the Investigating Officer 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
made absolute. Direct Service is permitted.
Sd/-
(Anant
S. Dave, J.)
Caroline
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