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CR.MA/12989/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12989 of 2008
=========================================================
KISHANLAL
JAWAHARLAL VARMA & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ASHISH M DAGLI for
Applicant(s) : 1 - 2.
MR SP HASURKAR Ld. APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 17/11/2008
ORAL
ORDER
1. Rule.
Mr. SP Hasurkar Ld. Addl. Public Prosecutor waives the service of
Rule on behalf of State.
2. Heard the learned advocate for the applicants and learned APP for the respondent-State.
3. This application is filed by the applicants under section 439 of Cr.P.C. for releasing them on regular bail in connection with the offence registered vide CR No. I-97/2006 at Jamnagar City A-Division Police Station, for the offence punishable under sec. 406, 465, 467, 468, 471, 477A, 120-B, 109 and 114 of IPC.
4. The learned advocate for the applicants has submitted that the applicant are falsely involved in this case. He read the order passed by the trial Court and prayed to release the applicants on regular bail.
5. As against this, learned APP Mr Maulik Nanavati has strongly opposed this application and read the order passed by the trial Court.
6. I have gone through the order passed by the trial Court as well as the papers produced on record of the case. Looking to the allegations levelled against the applicants, I am inclined to release them on regular bail.
7. Learned advocates for the parties do not press for reasoned order.
8. Considering the submissions made on behalf of the parties and having regard to the facts and circumstances of the case, the application is allowed and applicants are ordered to be released on bail in connection with CR No.I-97/2006 registered at Jamnagar City A-Division Police Station for the offences alleged against them in this application on their executing bond of Rs. 50,000/- (Rupees Fifty Thousand only) each with one solvent surety of the like amount to the satisfaction of the lower 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) not leave the local limits of State of Gujarat without the prior permission of the concerned Sessions Judge. d) mark presence before concerned Police Station on every 1st and 15th day of each month between 9.00 a.m. to 2.00 p.m; e) furnish the 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; f) surrender their Passport, if any, to the lower court within a week;
9. The authorities will release the applicants only if they are not required in connection with any other offence for the time being.
10. If breach of any of the above conditions is committed, the concerned Sessions Judge will be free to issue warrant or take appropriate action in the matter.
11. Bail bond to be executed before the lower Court having jurisdiction to try the case.
12. 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.
13. Rule is made absolute to the aforesaid extent. Direct service is permitted.
[ Z.K. SAIYED, J. ]
mandora/
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