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CR.MA/3651/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3651 of 2010
=========================================================
RAJUBHAI
BIJALBHAI ALGOTAR & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
VISHWAS S DAVE for
Applicant(s) : 1 - 3.
MR DEVANG VYAS APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 23/04/2010
ORAL
ORDER
1. This application is
preferred under Section 439 of the Code of Criminal Procedure, 1973
seeking regular bail by the applicants, who have been arrested in
connection with C.R.No.I-7 of 2010 registered with ‘B’ Division
Police Station, Bhavnagar for the offence punishable under Sections
143, 147, 148, 149, 307, 323, 324 and 504 of the Indian Penal Code
and Section 135 of the Bombay Police Act. In the facts and
circumstances of the case and by consent of both the sides, this
application is taken up for hearing today.
2. Considering the role
attributed to the applicants which is reflected in the F.I.R. at
Annexure A to the application, police papers, more particularly,
injury certificate produced by the learned A.P.P., I am of the view
that since the injured, who sustained injuries, has already given
treatment and subsequently discharged from the hospital, the
applicants deserve to be enlarged on bail as the co-accused in the
cross-complaint are already enlarged on bail.
3. In the facts and
circumstances of the case, the application is allowed and the
applicants are ordered to be enlarged on bail in connection with
C.R.No.I-7 of 2010 registered with ‘B’ Division Police Station,
Bhavnagar on executing a bond of Rs.10,000/- each [Rupees ten
thousand only] with one surety each 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 first week of every
English calendar 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.
4. 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.
5. Bail bond to be
executed before the lower Court having jurisdiction to try the case.
6. 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.
7. Rule is made absolute
to the aforesaid extent. Direct service is permitted.
(H.B.
ANTANI, J.)
Hitesh
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