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CR.MA/9503/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9503 of 2010
=========================================================
SANJAY
AMRAT BHAI DESAI (RABARI) & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
CHETAN B RAVAL for
Applicant(s) : 1 - 3.
MR UA TRIVEDI, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 17/08/2010
ORAL
ORDER
Rule.
Learned APP waives service of Rule on behalf of the respondent
State. 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
78 of 2010 registered with GIDC, Vatva, Dist. Ahmedabad, for the
offences u/s. 394, 114 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 and perusing the papers produced
before me, I am inclined to grant bail to the applicants.
Considering
the above, this Application is allowed. The applicants are ordered
to be released on bail in connection with CR No. I 78 of 2010
registered with GIDC, Vatva Police Station, Dist. Ahmedabad, 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 their liberty or abuse their 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.
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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