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CR.MA/6286/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6286 of 2010
=========================================================
JAVED
BABUBHAI SHAH - FAKIR & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
AZIZ N ALVI for
Applicant(s) : 1 - 2.
MR
DIVYESH SEJPAL, ADDL.PUBLIC PROSECUTOR for
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 17/06/2010
ORAL
ORDER
Rule.
Mr. Divyesh Sejpal, Additional Public Prosecutor waives service of
rule on behalf of the respondent State. Having regard to the facts
and circumstances of the case, this application is taken up for
hearing today.
This
application is preferred under Section 439 of the Code of Criminal
Procedure, 1973 seeking regular bail by the applicants, who came to
be arrested in connection with FIR registered as C.R. No. I 75 of
2009 with Ahmedabad Railway Police Station for offences punishable
under Sections 384, 395 and 114 of the Indian Penal Code.
Heard Learned advocate Mr. Alvi for the applicants and Mr. Divyesh
Sejpal, learned Additional Public Prosecutor for respondent State.
Having
regard to the rival submissions and on perusal of the averments made
in the application as well as the FIR produced on record, the
provisions Sections 384, 395 and 114 of the Indian Penal Code and
the role alleged against the applicants and the quantum of
punishment, I am of the view that the the applicants are required
to be enlarged on regular bail at this stage, without entering into
the merits of the case and without discussing the evidence in detail.
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 enlarged on bail in connection
with Prohibition C.R. No. I 75 of 2009 with
Ahmedabad Railway Police Station on executing a bond of
Rs.10,000/- [Rupees ten thousand only] each 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]. mark
their presence at K Ahmedabad Railway Police
Station on any day of every first week of English calendar
month between 9.00 AM and 2.00 PM. till the trial is over;
[f]. 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;
[g]. maintain
law and order.
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.
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.
mathew [H.B.ANTANI,
J.]
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