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CR.MA/1292120/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12921 of
2008
=========================================================
MAHAVIRSINH
@ MAVUBHA NARPAT SINH VAGHELA & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
CHETAN K PANDYA for
Applicant(s) : 1 - 2.
PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 24/10/2008
ORAL
ORDER
Leave
to Amend.
1. RULE.
Mr. Hasurkar, learned APP waives the service of rule on behalf of
respondent-State.
2. The
applicants who have been arrested in connection with I-C.R. No. 342
of 2007 by Anjar Police Station, District : Kutch for the offences
punishable under Sections 365, 323, 504, 506(2) of the I.P.C. and
Section 135 of the B.P. Act have preferred this application seeking
their release on regular bail.
3. The
allegation against the applicants are that they along with other
accused person attacked the complainant and snatched away his gold
chain and threatened him of dire consequences and thereby committed
the offences as stated above.
4. Taking
into consideration the nature of offence and the quantum of sentence
as well as the manner in which the entire incident took place, this
application deserves to be allowed.
5. Accordingly,
the application is allowed. The applicants are ordered to be
released on regular bail in connection with I-C.R. No. 342 of 2007
registered with Anjar Police Station, District : Kutch for the
offences alleged against them in this application on their executing
personal bond of Rs.10,000/-(Rupees Ten Thousand Only), by each of
them, with one 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 misuse 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 the Bhachau Police Station on 1st
Monday of every month between 9:00 a.m. and 2:00 p.m till the
trial is over;
[e] not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
[f] furnish
the address of their residence to the I.O. 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;
[h] not
enter into the limits of Anjar Police Station till the trial is
over, except, for the purpose of attending the proceedings of cases
pending before them.
6. 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.
7. Bail
before the lower Court having jurisdiction to try the case.
8. Rule
is made absolute. Direct service is permitted.
(M.D.
Shah,J.)
Umesh/
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