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CR.MA/12668/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12668 of 2008
=========================================================
SHABBIR
HUSAIN ABDULBHAI GHANCHI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
DP KINARIWALA for
Applicant(s) : 1
- 2.MR.A J.OZA for
Applicant(s) : 1
- 2.
MR MR MENGDE, APP for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 08/10/2008
ORAL
ORDER
1. Heard
learned advocate for the applicants and learned APP Mr.Mengde for
respondent State.
2. Rule.
Learned APP Mr.Mengde waives service of rule on behalf of the
respondent-State.
3. The
complainant is present in the Court and on his instruction, the
learned advocate states that the dispute has been amicably settled
between the parties. It is stated that applicant No.1 is studying in
College and both the applicants are in jail since 20.9.2008. The
matter is triable by JMFC.
4. Taking
into consideration the gravity of the offence and the manner in which
it has taken place, in my opinion, this is a fit case to release the
applicants on bail.
5. Accordingly,
this application is allowed. The applicants are ordered to be
released on bail in connection with M.Case No.5 of 2008 registered
with Tharad Police Station, for the offence alleged against them, on
their executing personal bond in sum of Rs.5,000/- (Rupees Five
thousand only) each with one solvent surety of like amount to the
satisfaction of the lower Court and subject to the conditions that
they shall;
(a) not
take undue advantage of his liberty or misuse his liberty;
(b) not
to act in a manner injurious to the interest of the prosecution;
(c) maintain
law and order;
(d) mark
their presence before the concerned police station on every 1st
day of the month between 9.00 a.m. and 2.00 p.m.
(e) not
leave the State of Gujarat without the prior permission of this
Court/Sessions Judge concerned;
(f) furnish
the address of their residence to the I.O. also to the Court at the
time of execution of the bond and shall not change the residence
without prior permission of this Court;
(g) surrender
their passports, if any, to the lower Court within a week.
6. If
breach of any of the above conditions is committed, the learned
Sessions Judge concerned will be free to issue warrant or take
appropriate action in the matter.
7. Bail
before the lower Court having jurisdiction to try the case.
8. Rule
is made absolute. Direct service is permitted.
(M.D.Shah,
J.)
Sreeram.
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