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CR.MA/8168/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8168 of 2010
=========================================
SHANTABEN
BHIKHABHAI CHAUHAN & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR SHAILESH
C SHARMA for
Applicant(s) : 1 - 3.
MR UA TRIVEDI, LD. ADDL. PUBLIC
PROSECUTOR for Respondent(s) : 1,
MR
RAHUL DAVE for Original
Complainant
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 10/08/2010
ORAL
ORDER
This
application is filed by the applicants under Section 439 of the
Criminal Procedure Code, 1973 for releasing them on regular bail in
connection with the offences registered at CR No.I-90 of 2009
registered with Matar Police Station, District-Kheda, for the
offences punishable under Sections 467, 468, 471 and 120-B of the
Indian Penal Code.
Heard
Mr.Shailesh Sharma, learned counsel for the applicants and Mr.U.A.
Trivedi, learned Additional Public Prosecutor, for the State.
Mr.Sharma
has submitted that the applicants are innocent and have not
committed any offence. He has also contended that the matter is
already settled between the parties. He read the order passed by the
trial Court and prayed to release the applicant on regular bail.
Mr.Rahul
Dave, learned counsel appearing for the original complainant, has
tendered one affidavit of original complainant, which is taken on
record. From the perusal of the said affidavit, it can be said that
the matter is already settled.
As
against this, Mr.Trivedi, learned Additional Public Prosecutor, has
strongly opposed the present application and read the order passed
by the trial Court.
I
have gone through the order passed by the trial Court as well as
papers produced on record of the case. Looking to the allegations
levelled against the applicant, I am inclined to release him on
regular bail.
Learned
counsel for the parties do not press for reasoned order.
Considering
the submissions made on behalf of the parties and having regard to
the facts and circumstances of the case, the application is allowed
and applicants are ordered to be released on bail in connection with
CR No.I-90 of 2009 registered with Matar Police Station,
District-Kheda, for the offences alleged against them in this
application on their executing bond of Rs.10,000/- (Rupees Ten
Thousand Only) each with one solvent surety of the like amount to
the satisfaction of the lower Court and subject to the conditions
that they shall,
(I) not
take undue advantage of their liberty or abuse their liberty;
(ii) not
act in a manner injurious to the prosecution;
(iii) not
leave the local limits of State of Gujarat without the prior
permission of the concerned Sessions Judge;
(v) Surrender
their passport, if any, to the lower Court within a week;
The
Authority will release the applicants only if they are not required
in connection with any other offence for the time being.
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
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.
(Z.
K. Saiyed, J)
Anup
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