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CR.MA/3470/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3470 of 2010
=================================================
MOHAMMAD
AZAD NAVABKHAN PATHAN - UNDER TRIAL PRISONER & 4 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=================================================
Appearance
:
MR AMRISH K PANDYA for
Applicant(s) : 1 - 5.
MR DEVANG VYAS ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
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CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 23/04/2010
ORAL
ORDER
This
is an application preferred under section 439 of the Code of
Criminal Procedure, 1973 by the applicants who came to be arrested
in connection with I-C.R.No.22 of 2010 registered at Vadodara Taluka
Police Station for the offences punishable under sections 407, 411,
414, 114 and 120(b) of Indian Penal Code.
Heard
learned advocate Mr.Amrish Pandya for the applicants and learned APP
Mr.Devang Vyas at length and in great detail.
Having
considered the role attributed to the applicant as reflected in
First Information Report as well as police papers and since
applicant nos. 1 and 3 were working as Driver at the relevant point
of time and applicant nos.2, 4 and 5 were working as cleaner/
conductor, they deserve to be enlarged on bail as the persons having
greater role are already enlarged on bail by this Court vide order
dated 09.04.2010 passed in Criminal Miscellaneous Application
No.2913 of 2010 and order dated 20.04.2010 passed in Criminal
Miscellaneous Application No.2959 of 2010.
For
the foregoing reasons, the application is allowed and the applicant
are ordered to be enlarged on regular bail in connection with
I-C.R.No.22 of 2010 registered at Vadodara Taluka Police Station on
executing bond of Rs.10,000/- (Rupees Ten Thousand Only) each with
one each 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] mark their presence
at the concerned Police Station on any day of every first week of
English calender month between 9.00 AM and 2.00 PM till the trial is
over;
[f] furnish the present
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 their residence
without prior permission of this Court;
[g] maintain law and
order.
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.
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 petitioner on bail.
Rule is made absolute to
the aforesaid extent. Direct Service is permitted.
(H.B.ANTANI,
J.)
Amit/-
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