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CR.MA/12509/2005 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12509 of 2005
==============================================================
KHIMJIBHAI
BHAGWANBHAI SANGARVA & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
==============================================================
Appearance
:
MR
SHAKTISINH GOHIL for
Applicant(s) : 1 - 2.
MR KP RAWAL, APP for Respondent(s) :
1,
==================================================================
CORAM
:
HONOURABLE
MR.JUSTICE R.P.DHOLAKIA
Date
: 25/10/2005
ORAL
ORDER
Rule.
Learned A.P.P. Mr. K. P. Rawal waives service of Rule on behalf of
the respondent-State.
Heard
learned counsel appearing for the respective parties.
It
has been mainly argued by the learned counsel for the petitioners
that it is a case of attempt of obtaining loan by the petitioners.
It has further been argued by him that in the same offence, other
co-accused have been released on bail by this Court while passing
order in Cr. Misc. Application No. 11858/05 vide order dated
07.10.2005, which is at Annexure E, page 25, he may also be released
on bail on the ground of parity.
Looking
to the aforesaid facts and circumstances of the case and also
keeping in mind the fact that other co-accused have been released on
bail, investigation is over, charge-sheet is filed and the
petitioners are in judicial custody since July, 2005, the
petitioners are required to be released on bail on the ground of
parity.
The
parties do not press for reasoned order. The petition is allowed
and the petitioners are ordered to be released on bail in connection
with C.R.No.I-5/2004 of Gadhada Police Station on their executing a
bond of Rs.5,000/- (Rupees Five Thousand Only) each with one surety
each of 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) maintain law and
order;
(d) mark their presence
before concerned Police Station once in a month more particularly
between 1st and 10th day of the month any time
between 9:00 a.m. and 2:00 p.m. for a period of six months;
(e)
surrender their passport, if any, to the lower Court within a week;
(f) not leave the State
of Gujarat without the prior permission of the Sessions Court
concerned;
(g) furnish
the present and 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 the residence without prior permission of this Court;
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.
Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(R.P.DHOLAKIA,
J)
*bjoy
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