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CR.MA/9352/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9352 of
2011
=========================================================
MOHAMADHUSEN
@ PAPPU MEHBUBHUSEN SHAIKH & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
CHETAN B RAVAL for
Applicant(s) : 1 - 3.
MRS. MANISHA L. SHAH, ADDL. PUBLIC
PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 12/07/2011
ORAL
ORDER
RULE.
Learned APP Mrs. Manisha L. Shah waives service of notice of Rule
for the respondent – State.
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with First Information Report registered as
I-C.R. No.15/2011 with Navrangpura Police Station, Ahmedabad for the
offences punishable u/s. 379 of the Indian Penal Code.
Learned
Counsel appearing for the applicants submit that the charge-sheet is
filed and looking to the nature of the offences, punishment
prescribed and that it is a magistrate triable case, by imposing
suitable conditions, the applicants may be enlarged on bail.
Heard
learned APP Mrs. Manisha L. Shah for the respondent-State.
Having
heard learned Counsels for the parties and perusing the record of
the case and taking into consideration the facts of the case, nature
of allegations, role attributed to the applicants, by imposing
suitable conditions, I deem it just and proper to enlarge the
applicants on bail.
Learned
Counsels for the parties do not press for further reasoned order.
In
the facts and circumstances of the case, the application is allowed
and the applicants are ordered to be released on bail in connection
with First Information Report registered as I-C.R. No.15/2011 with
Navrangpura Police Station, Ahmedabad, on executing a bond of
Rs.5,000/- (Rupees Five 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 liberty or misuse liberty;
b)
not act in a manner injurious to the interest of the prosecution;
c)
surrender themselves passport, if any, to the lower court within a
week;
d)
not leave the State of Gujarat without prior permission of the
Sessions Judge concerned;
e)
mark or before the concerned Police Station on every 1st
and 15th day of every English Calendar month between
11.00 a.m. to 2.00 p.m. for three months only;
f)
furnish the present address of their residence to the Investigating
Officer 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)
will not enter the City and District limits of Ahmedabad, for a
period of three months, except for the purpose of marking presence
at the concerned Police Station;
The
authorities will release the applicants only if not required in
connection with any other offence for the time being.
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.
Bail
bond to be executed before the lower court having jurisdiction to
try the case.
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.
Rule
made absolute. Direct Service is permitted.
Sd/-
(Anant
S. Dave, J.)
Caroline
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