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CR.MA/9194/2005 3/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9194 of 2005
==============================================================
MAYABHAI
HARSURBHAI GOHIL & 5 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
==============================================================
Appearance
:
MR
PANKAJ K SONI for
Applicant(s) : 1 - 6.
MR KP RAVAL APP for Respondent(s) :
1,
==================================================================
CORAM
:
HONOURABLE
MR.JUSTICE R.P.DHOLAKIA
Date
: 05/09/2005
ORAL ORDER
1.
Rule. Learned A.P.P. Mr. K.P. Raval waives service of Rule on behalf
of the respondent-State.
2.
Heard learned counsel appearing for the respective parties.
3. At
the end of arguments, learned advocate for the petitioners does not
press this application qua petitioner No.1 and seeks permission to
withdraw the same with a request to file afresh after receiving the
charge sheet. Permission granted. The petition qua petitioner No.1
stands disposed of as withdrawn. Liberty to file afresh after
receiving the charge sheet before the Court below and in that event,
same shall be decided on merits by the Court below irrespective of
the fact that the petition filed in this Court has been withdrawn.
Rule qua petitioner No.1 stands discharged.
4. So
far as petitioners Nos.2 to 6 are concerned, learned counsel for the
petitioners has argued that it is a case of cross-complaint wherein
petitioner No.3 has been seriously injured by the other side. The
persons of other side are facing charge under Section 307 of IPC and
all the persons of the other side have already been released on bail.
He has therefore, requested that the petitioners Nos.2 to 6 may be
enlarged on bail.
5. Keeping
in mind the fact that it is a case of
cross-complaint wherein petitioner No.3 has been seriously injured
by the other side and the persons of other side who are facing
charge under Section 307 of IPC have already been released on bail,
the petitioners Nos. 2 to 6 are required to be released on bail. The
parties do not press for reasoned order.
6.
The petition qua petitioners Nos.2 to 6 is allowed and the
petitioners Nos.2 to 6 are ordered to be released on bail in
connection with Crime Register No. I-43 of 2005 of Bagdana Police
Station on their executing a bond of Rs.5,000/- (Rupees Five Thousand
Only ) 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 misuse their liberty ;
(b)
not act in a manner injurious to the interest of the prosecution ;
(c)
maintain law and order ;
(d)
furnish the address of their residence at the time of execution of
the bond and shall not change their residence without prior
permission of this Court ;
(e)
surrender their passport, if any, to the lower Court within a week ;
(f)
not leave the State of Gujarat without the prior permission of the
Sessions Judge concerned ;
(g) mark
their presence before the concerned police station once in a month
more particularly between 1st and 15th of the
month at any time between 11-00 a.m. and 5-00 p.m. for a period of
three months ;
(h) petitioners
Nos.5 and 6 shall not enter into the local limits of village
Khadasaliya without prior permission of this Court for a period of
three months , but for marking presence and for attending the Court
in connection with this case, they will be free to enter the
limits for a period to that extent necessary and will leave the
limits thereafter soon after the matter is adjourned ;
7.
If breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or take appropriate
action in the matter.
8.
Bail bonds to be executed before the lower Court having jurisdiction
to try the case.
9.
Rule qua petitioners Nos.2 to 6 is made absolute to the aforesaid
extent. Direct service is permitted.
(
R.P.DHOLAKIA,J. )
*mithabhai
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