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CR.MA/13305/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13305 of 2008
=========================================================
MAHENDRASINH
KHODAJI JADEJA - Applicant(s)
Versus
STATE
OF GUAJRAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
VH KANARA for
Applicant(s) : 1
- 2.
MR SP HASURKAR, APP for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 13/11/2008
ORAL
ORDER
Rule.
Mr.Hasurkar, learned APP waives service of rule on behalf of the
respndent-State.
2. Heard
the learned advocate for the applicants and the learned APP for the
respondent State.
3. This
application is filed by the applicants under Section 439 of the Cr.PC
for releasing them on regular bail in connection with the offence
registered vide CR No.I-39 of 2008 at Jodiya Police Station,
Jamnagar, for the offences punishable under Sectopms 147, 148, 149,
323, 324, 325, 326, 506(2), 395 of IPC and Section 135(1) of the
Bombay Police Act.
4. The
learned advocate for the applicants has submitted that the applicants
are falsely involved in this case. He read the order passed by the
rial Court and prayed to release the applicants on regular bail.
5. As
against this, learned APP Mr.Hasurkar 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 the applicants are ordered to be released on bail in connection
with CR No.I-39 of 2008 registered at Jodiya Police Station for the
offences alleged against them in this application on each of them
executing bond of Rs.5,000/- (Rupees Five thousand only) with a
solvent surety of the like amount each 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 the concerned Police Station on every 15th
day of the month between 9.00 a.m. and 2.00 p.m. for a period of six
months from today;
(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 passports, if any, to the lower Court within a week;
8. The
authorities will release the applicants only if they are not required
in connection with any other offence for the time being;
9. 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.
10. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
11. At
the trial, the trial Court shall not be influenced by the observation
of preliminary nature, qua the evidence at this stage, made by this
Court while enlarging the applicants on bail.
12. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(Z.K.SAIYED,
J.)
Sreeram.
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