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CR.MA/6957/2008 5/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6957 of 2008
=========================================================
MANORATHSINH
JAYDEVSINH ZALA & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
JR DAVE for
Applicant(s) : 1 - 2.
MR KT DAVE APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 06/06/2008
ORAL
ORDER
Rule.
Mr KT Dave learned APP waives service of rule on behalf of
respondent- State.
Heard
Mr.Dave, learned advocate for the applicants and learned APP for the
respondent ? State.
This
application is filed by the applicants under sec. 439 of Cr.P.C. for
releasing them on regular bail in connection with the offence
registered vide C. R. No.I-204/2008 before Ramol Police Station for
the offence punishable under Sections 394, 452, 427, 506(2), 507,
114 of IPC and Section 135(1) of B.P. Act and Section 25(1) of Arms
Act.
The
learned advocate for the applicants has submitted that the
applicants are innocent and they are falsely involved in this case.
He read the order passed by the trial court and prayed to release
the applicants on regular bail.
As
against this, learned APP Mr KT Dave has strongly opposed this
application and read the order passed by the trial court.
I
have gone through the order passed by the trial court as well as the
papers produced on the record of the case. Looking to the
allegations levelled against the applicants, I am inclined to
release them regular bail.
Learned
advocates for the parties do not press for reasoned order.
Considering
the facts and circumstances of the case, the present application is
allowed. The applicants are ordered to be released on regular bail
in connection with Prohibition Cr. No. I-204/2008 registered at
Ramol Police Station on their executing personal bond in the sum of
Rs.10,000/- (Rupees ten thousand only) each with one surety of the
like amount to the satisfaction of the trial 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)
surrender their passport, if any, to the lower court within a week;
(d)
not leave the State of Gujarat without the prior permission of the
Sessions Court concerned;
(e)not
to enter in the local limits of Ramol Police Station up to the
framing of the charges. In case of necessity, the applicant is at
liberty to move before the trial Court for prior permission.
(f) furnish
the present address of his 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;
(g)
mark their presence before the concerned Police Station twice in a
month, i.e. on 15th day of each month between 11.00am to
2.00pm, till the disposal of the case;
(h) maintain
law and order;
9.
The authorities will release the applicants only if they are not
required in connection with any other offence for the time being.
10. 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.
11. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
12. At
the trial, the trial court shall not be influenced by the
observations of preliminary nature, qua the evidence at this stage,
made by this Court while enlarging the applicants on bail.
13. Rule
is made absolute to the aforesaid extent. Direct Service permitted.
[Z.K.
SAIYED, J.]
vinod
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