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CR.MA/7011/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7011 of 2008
=========================================================
KOLI
BABU KARSAN & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ZUBIN F BHARDA for
the Applicants.
Ms. H.B.Punani, Addl. PUBLIC
PROSECUTOR for the
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE DN PATEL
Date
: 04/07/2008
ORAL ORDER
Rule.
Learned Additional Public Prosecutor Ms. H.B.Punani waives
service of notice of Rule on behalf of the respondent-State.
2. This
application has been preferred for regular bail under Section 439 of
the Code of Criminal Procedure,1973, in connection with the offence
bearing C.R.No.I-16 of 2008 registered with Visavadar Police Station
under Sections 366, 306 and 114 of the Indian Penal Code.
3. Having
heard the learned counsel for both the sides and looking to the facts
and circumstances of the case, statements of witnesses, gravity of
the offence, quantum of punishment, the manner in which the
applicants are involved in the offence, as per the allegations of the
prosecution, looking to the statement of the landlord namely
Shivabhai Ukabhai upon which the prosecution is mainly relying upon,
it appears that the applicants were residing separately from the
aforesaid witness,hardly for few months,the applicants had worked
with the said witness and other co-accused have also been enlarged
by this Court vide order dated 12th May, 2008 passed in Criminal
Miscellaneous Application No. 6042 of 2008, coupled with the fact
that the investigation is already over and charge-sheet is filed and
also keeping in mind the fact that there is no antecedent of the
present applicants, this application is allowed. The applicants are
ordered to be released on bail in connection with the offence
registered with Visavadar Police Station bearing C.R.No.I-16 of 2008
on each of them executing a bond of Rs. 5000/- (Rs. Five thousands
only) with one surety of 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) maintain
law and order;
(d) shall
mark their presence before Visavadar Police Station on every first
day of English Calendar month between 9.00 a.m. to 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 shall not change the residence without
prior permission of this Court;
(g) surrender
their passport, if any, to the lower Court within a week.
4. 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.
5. Bail
before the lower court having jurisdiction to try the case.
6. Rule
is made absolute. Direct service permitted.
(D.N.Patel,J)
***darji
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