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CR.MA/3666/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3666 of 2011
=============================================
MAGANBHAI
JORABHAI KODARVI & 4 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=============================================
Appearance
:
MRAMITNCHAUDHARY for
Applicant(s) : 1 - 5.
MR AJ DESAL ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 30/03/2011
ORAL
ORDER
Learned
advocate for the applicants submit that charge-sheet is filed and
applicants are illiterate and poor tribal and usage of weapon
attributed vis-a-vis nature of injuries and injured later on
discharged from the hospital and considering the overall aspect the
applicants may be enlarged on bail by imposing suitable conditions.
Considering
the above prima facie aspects of the matter and the only
consideration weighed with the Court at this stage is they are poor
tribals and nothing else subject to scrutiny by the trial Court, I
find this is a fit case for granting bail since charge-sheet is also
filed. Under the circumstances, the applicants are ordered to be
released on bail in connection with C.R. No.I-97 of 2010 with Danta
Police Station, on their furnishing bond of Rs. 5000/-(Rupees Five
Thousand) each with one surety of like amount to the satisfaction of
the lower Court and subject to following conditions :
not
take undue advantage of their liberty or abuse their liberty;
not
act in a manner injurious to the interest of the prosecution;
maintain
law and order;
mark
their presence before the concerned Police Station on every 1st
and 15th day of English Calendar month between 11:00 am
to 2:00 pm:
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
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;
surrender
their passport, if any, to the Lower Court immediately.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
Bail
before the Lower Court having jurisdiction to try the case.
Rule
is made absolute. Application is disposed of accordingly.
Direct
service is permitted.
[ANANT
S. DAVE, J .]
//smita//
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