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CR.MA/10111/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10111 of 2010
=========================================================
LATIF
IBRAHIM KHOKHAR & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
BY MANKAD for
Applicant(s) : 1 - 3.
MS MINI NAIR, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 08/09/2010
ORAL
ORDER
1. Present
application has been filed by the applicants for grant of regular
bail under Section 439 of Cr.P.C.
2. The
applicants accused are charged with having committed offences under
Sections 307, 147, 148, 149, 323, 324, 325 of IPC and under Section
25(1)(b)(a) of Arms Act for which F.I.R. being CR No.I-69/2010 has
been registered with Aadhoi Police Station, District:Kachchh.
3. Learned
Advocate Mr. Mankad submitted that applicants have been attributed
with the stick blow and the victim is discharged from the hospital
and out of danger, hence the present application may be allowed.
4. Learned
A.P.P. resisted the application. Though it is confirmed that
applicants have been attributed with the stick blow and the victim
has been discharged from the hospital.
5. Having
heard the learned Advocate and learned A.P.P. and having considered
the papers, the role attributed and also the fact that victim is
discharged from the hospital, present application deserves to be
allowed subject to the conditions hereinafter.
6. Accordingly,
present application stands allowed. The applicants are ordered to be
released on regular bail in connection with the F.I.R. being CR
No.I-69/2010 which has been registered with Aadhoi Police Station,
District:Kachchh, on their executing a bond of Rs.5,000/- (Rupees
Five Thousand) 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
to try to tamper or pressurize the prosecution witnesses or
complainant in any manner.
(c) not
act in any manner injurious to the interest of the prosecution.
(d) maintain
law and order and should cooperate with the investigating officers.
(e) mark
their presence before concerned Police Station on 1st
Monday of every month of English calender between 11:00 AM to 2:00 PM
till the charge-sheet is filed;
(f) furnish
the address of their residence to the Investigating Officer and also
to the Court at the time of execution of the bond and shall not
change their residence without prior permission of the Court.
(g) surrender
their passport, if any, to the lower Court, within a week.
7. 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.
8. Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
9. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(RAJESH
H.SHUKLA, J.)
jani
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