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CR.MA/8188/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8188 of 2010
=========================================================
NAVABHAI
GALIYABHAI ALIAS GALABHAI PLASH & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR.S
M KAPADIA for
Applicant(s) : 1 - 3.
MS MINI NIAR, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 02/08/2010
ORAL
ORDER
The
present application is filed by the applicants under Section 439 of
the Code of Criminal Procedure, 1973, for enlarging them on regular
bail in connection with the offence being CR No. I 82 of 2009
registered with Umargam Police Station, District Valsad, for the
offences u/s. 395 of I.P. Code.
Heard
learned Advocate for the applicants and learned A.P.P. for the
respondent – State. I have also perused the papers produced before
me. Learned APP has vehemently opposed this application. However,
both the parties do not press for any reasoned order.
Having
heard the learned Counsel for both the sides and looking to the
facts and circumstances of the case, statement of the witnesses,
gravity of the offence and quantum of punishment, I am inclined to
grant bail to the applicant.
Considering
the above, this Application is allowed. The applicants are ordered
to be released on bail in connection with CR No. I – 82 of 2009
registered with Umargam Police Station, Dist. Valsad, for the
offences alleged against them in this application on executing a
Bond of Rs.10,000/- (Rupees ten thousand only) each with one solvent
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 his liberty or abuse his liberty;
b) not
to try to tamper or pressurize the prosecution witnesses or
complainant in any manner;
c) maintain
law and order and shall cooperate the Investigating Officers;
d) not
act in a manner injurious to the interest of the prosecution;
e) not
leave the country without the prior permission of the concerned
Sessions Judge.
f) shall
mark their presence before the concerned Police Station on 15th
of every english calender month till the trial against them is
completed.
g) surrender
their passport, if any, to the lower Court within a week.
If
breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or take appropriate
action in the matter.
Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
Rule
is made absolute. Direct service is permitted.
(Z.K.SAIYED,J.)
sas
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