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CR.MA/4540/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4540 of 2011
=========================================================
HARESH
@ HARKHO BACHUBHAI ANDHAN & 4 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
MPSHAH for
Applicant(s) : 1 - 5.MS. KRUTI M SHAH for Applicant(s) : 1 - 5.
MR
AJ DESAI, ADDITIONAL PUBLIC PROSECUTOR for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 13/04/2011
ORAL
ORDER
Learned
Advocate Ms. Kruti M. Shah, upon
instructions, does not press this application qua applicant No.3 –
Ashokbhai Bachubhai Andhan. Rule qua applicant No.3 stands
discharged.
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.17/2011 with Gadhda
Police Station, Bhavnagar for the offences punishable under Sections
323, 326, 506(2) and 114 of Indian Penal Code and under Section 135
of the B.P. Act.
Learned
Advocate for the applicants submit that all other applicants are
attributed with a role for which Section 307 is not to be attracted
and since they have not inflicted any serious injuries and no
attempt was made to kill the injured / deceased, by imposing
suitable conditions, the applicants may be enlarged on bail.
Heard
learned APP Mr. AJ Desai 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.17/2011 with Gadhda Police Station, Bhavnagar, 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 passport, 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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