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CR.MA/8912/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8912 of 2010
=========================================
SHARIFKHAN
HUSEINKHAN PATHAN & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR VC
VAGHELA for
Applicant(s) : 1 - 2.
MS MINI NAIR, LD. ADDL. PUBLIC PROSECUTOR
for Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 06/08/2010
ORAL
ORDER
Rule.
Ms.Mini Nair, learned Additional Public Prosecutor, waives service
of Rule on behalf of the respondent-State.
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-309 of 2009
registered with Patan City Police Station for the offences
punishable under Sections 379 and 114 of the Indian Penal Code.
Heard
Mr.V.C. Vaghela, learned counsel for the applicants and Ms.Mini
Nair, learned Additional Public Prosecutor, for the State.
Mr.Vaghela
has submitted that the applicants are innocent and have not
committed any offence. He read the order passed by the trial Court
and prayed to release the applicants on regular bail.
As
against this, Ms.Nair, 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 applicants, I am inclined to release them 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-309 of 2009 registered with Patan City Police Station 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;
(iv) mark
their presence before the Investigating Officer on every 15th
day of the calender month between 09:00 a.m. to 02:00 p.m.;
(iv) 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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