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CR.MA/9951/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9951 of 2011
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JAYANTIBHAI
MAFATLAL KHODIDAS PRAJAPATI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance :
MS
HETVI H SANCHETI for Applicant(s) : 1 - 2.
MS ML SHAH APP for
Respondent(s) : 1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 18/07/2011
ORAL
ORDER
Rule.
Learned APP waives service of rule.
Learned
counsel appearing for the applicants submit that investigation
is over and charge sheet is filed. It is further submitted
that the allegations levelled against the applicants are of stealing
gas cylinders and the case is Magistrate triable case. It is
further submitted that considering the nature of
allegations and role attributed to the applicants, by imposing
suitable conditions, the applicants may be enlarged on bail.
Heard
learned APP for the respondent – State.
Having
heard learned counsel 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 accused and punishment
prescribed for the alleged offences coupled with the fact
that charge sheet is filed,
without discussing the evidence in detail, at this stage, I am
inclined to enlarge the applicants on bail in connection with
C.R.No.I-14/2010 of Limdi Police Station, Dis. Surendranagar for
the offences punishable under sections 457, 380, 114 of the Indian
Penal Code, on furnishing bond of Rs.10,000/- (Rupees ten thousand
only) each with one surety of the like amount to the satisfaction of
the lower Court and on conditions that the applicants shall :
[a] not take
undue advantage of liberty or abuse liberty;
[b] not act in
a manner injurious to the interest of the prosecution;
[c] maintain
law and order;
[d] mark
presence before the concerned Police Station on every 1st
and 15th day of English Calender month between 11.00 a.m.
and 2 p.m for three months;
[e] not leave
the State of Gujarat without prior permission of the Sessions Judge
concerned;
[f] furnish the
address of residence at the time of execution of the bond and shall
not change the residence without prior permission of this Court;
[g] surrender
passport, if any, to the Lower Court immediately;
[h] shall not
enter district and city limits of Rajkot and Surendranagar, except
for marking presence and attending trial.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
At
the trial, the trial court shall not be influenced by the prima
facie observations made by this Court while enlarging the applicant
on bail.
Bail
before the Lower Court having jurisdiction to try the case.
Rule
is made absolute. Direct service is permitted.
[Anant
S. Dave, J.]
*pvv
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