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CR.MA/732/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 732 of 2010
=========================================================
RAVI
MANSUKHBHAI BAGEDA & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
NISHITH P THAKKAR for
Applicant(s) : 1 - 2.
MR. U.A.TRIVEDI, ADDITIONAL PUBLIC
PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 17/02/2010
ORAL
ORDER
This
application is preferred under Section 439 of Criminal Procedure
Code, 1973, seeking regular bail by the applicants who came to be
arrested in connection with I-CR-No-160/2009 registered with Jetpur
City Police Station for the offence punishable under Sections 384,
392, 397 and 114 of Indian Penal Code.
Heard,
Mr. N.P.Thakkar, learned advocate for the applicants and Mr.
U.A.Trivedi, Learned Additional Public Prosecutor, representing the
respondent-State, at length and in great detail. Considering the
role attributed to the applicants, which is reflected in the FIR at
Annexure-A to the application, provisions of Sections 384,
392, 397 and 114 of Indian Penal Code, police papers, quantum
of punishment etc, I am of
the view that the applicants deserve to be enlarged on bail.
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 I-CR-No-160/2009 registered with Jetpur City Police Station, on
executing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each 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.
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 applicants on bail.
Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(H.B.ANTANI,J.)
Girish
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