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CR.MA/14657/2005 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14657 of 2005
==============================================================
KIRPALSINH
BHOJARAJSINH CHUDASAMA & 3 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
==============================================================
Appearance
:
MR
HP MOTIRAMANI for
Applicant(s) : 1 - 4.
MR.R.M.CHAUHAN, ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
==================================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
Date
: 28/12/2005
ORAL
ORDER Rule. Mr.R.M.Chauhan, learned Addl.
Public Prosecutor for the State waives the service of notice of Rule.
Heard, learned Advocate for the
applicants and learned A.P.P. for the opponent ? State.
Following aspect is considered.
This
is a successive Bail application preferred by the applicants
claiming parity with co-accused ? Rafik Haroon Jaka released by an
order passed on 10/10/2005 in Criminal Misc. Application No.8974 of
2005 (Coram: R.P.Dholakia, J.) and subsequent order passed in
respect of Yusuf Haroon Jaka on 17/12/2005 in Criminal Misc.
Application No.13343 of 2005 (Coram: A.L.Dave, J.) on basis of that
order where those accused persons have been enlarged on bail.
There
is no dispute that the applicants are very similarly situated to
accused Rafik and Yusuf, who have been admitted to bail. In this set
of circumstances, this application is required to be allowed on
ground of parity.
Considering the submissions made on
behalf of the parties and having regard to the circumstances and
facts of the case, the application is allowed and the applicants are
ordered to be released on bail in connection with Crime Register
No.I-307 of 2003 of ‘B’- Division Police Station, Bhavnagar on their
executing a bond of Rs.25,000/- (Rupees Twenty Five Thousand only)
each with one surety of the like amount to the satisfaction of the
lower Court and subject to the conditions that they will;
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 on 1st Sunday on every English
calendar month between 9.00 a.m. and 2.00 p.m.
e) not leave the State of Gujarat
without the prior permission of the Sessions Court concerned;
f) furnish the address of their
residence at the time of execution of the bond and will not change
the residence without prior permission of this Court;
g) surrender their passport, if any,
to the lower Court within a week;
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 before the lower Court having
jurisdiction to try the case.
Rule is made absolute. Direct
Service is permitted.
(A.L.DAVE, J.)
sompura
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