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CR.MA/3649/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3649 of 2010
======================================
SAIYED
MOHAMMEDBHAI NATHUMIYA KADARI & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance
:
MRHARSHITSTOLIA for
Applicant(s) : 1 - 3.MRPARTHSTOLIA for Applicant(s) : 1 - 3.
MR
DEVANG VYAS APP for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 03/05/2010
ORAL
ORDER
This
is an application preferred under section 439 of the Code of
Criminal Procedure, 1973 by the applicants who came to be arrested
in connection with I-C.R.No.116 of 2009 registered at Veraval City
Police Station, Dist.Junagadh for the offences punishable under
sections 302, 323, 504 and 34 of Indian Penal Code as well as
section 135 of the Bombay Police Act.
Learned
advocate Mr.Tolia for the applicants, at the outset, does not press
the application qua applicant no.2-Jakirhusen @ Salim
Saiyadmohamadbhai Kadari.
Considering
the rival submissions and role attributed to the applicants no.1 and
3 as reflected in First Information Report as well as police papers,
statement of witnesses, provisions of sections 302, 323, 504 and 34
of Indian Penal Code as well as section 135 of the Bombay Police
Act, quantum of punishment and gravity of offence, I am of the view
that the applicants No.1 and 3 deserve to be granted regular bail.
For
the foregoing reasons, the application is partly allowed and the
applicants no.1 and 3 are ordered to be enlarged on regular bail in
connection with I-C.R.No.116 of 2009 registered at Veraval City
Police Station, Dist.Junagadh on 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]
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
every first week of English calender 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 petitioner on bail.
Rule
is made absolute to the aforesaid extent qua applicants no.1 and 3.
Direct Service is permitted. Rule is discharged qua applicant no.2
Jakirhusen @ Salim Saiyadmohamadbhai Kadari.
(H.B.ANTANI,
J.)
Amit/-
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