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CR.MA/9339/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9339 of 2010
======================================
RAVINDRA
KALLU YADAV & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance
:
MR VB MALIK for Applicant(s) :
1 - 2.
MR HL JANI APP for Respondent(s) :
1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 23/08/2010
ORAL ORDER
This
application is filed under section 439 of the Code of Criminal
Procedure by the applicants who have been arrested in connection
with I-CR.No. 31 of 2010 filed before Meghraj Police Station for the
offence punishable under sections 302, 323 and 114 of Indian Penal
Code as well as section 135 of the Bombay Police Act.
Having
heard the rival submissions of learned advocates and having
considered the role attributed to the applicants as reflected in the
FIR at Annexure ‘A’, the quantum of punishment, gravity of offence ,
I am of the opinion that this is a fit case to grant the regular
bail to the applicants. In view of the above, the applicants are
required to be enlarged on regular bail at this stage on stringent
conditions, without entering into the merits of the case and
without discussing the evidence in detail.
The
parties do not press for further reasoned order.
In
the facts and circumstances of the case, the petition is allowed and
the applicants are ordered to be enlarged on bail in connection with
I-CR.No. 31 of 2010 filed before Meghraj Police Station on their
executing 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].
mark their presence twice before the concerned police station on
every 15th and 30th day of English calender
month till the trial is over;
[e]
not leave the State of Gujarat without the prior permission of the
Sessions court concerned;
[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 applicant on bail.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(Z.K.SAIYED,J.)
Amit/-
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