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CR.MA/7220/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7220 of 2008
=========================================================
NAGJIBHAI
BHOLABHAI CHAUHAN & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MS
MAMTA R VYAS for
Applicant(s) : 1
- 2.
MR MAULIK NANAVATI Ld. APP for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 12/06/2008
ORAL
ORDER
1. Rule.
Mr Maulik Nanavati learned APP waives service of rule on behalf of
respondent- State.
2. Heard
the learned advocate for the applicants and learned APP for the
respondent ? State.
3. 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 CR No. I-171/2008 before ‘A’ Division Police Station,
Bhavnagar for the offence punishable under sec. 363, 366, 465, 467
and 114 of IPC.
4.
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.
5. As
against this, learned APP Mr Maulik Nanavati 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 the record of the case. Looking to the allegations
levelled against the applicants, I am inclined to release them
regular bail.
7. Learned
advocates for the parties do not press for reasoned order.
8. 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 CR No. I-171/2008 registered at ‘A’ Division Police
Station, Bhavnagar on their executing personal bond in the sum of Rs.
5,000/- (Rs. 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 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) 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 the
residence without prior permission of this Court;
(f)
mark their presence before the ‘A’ Division Police Station, Bhavnagar
once in a month, that is, on 16th day of each month
between 11.00am to 2.00pm;
(g) 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.]
mandora/
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