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Sisodia vs State on 25 August, 2011

Gujarat High Court
Sisodia vs State on 25 August, 2011
Author: Anant S. Dave,
  
 Gujarat High Court Case Information System 
    
  
    

 
 
    	      
         
	    
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CR.MA/11160/2011	 3/ 3	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

CRIMINAL
MISC.APPLICATION No. 11160 of 2011
 

 
 
=============================================
 

SISODIA
FALGUNSINH MOTISINH & 1 - Applicant(s)
 

Versus
 

STATE
OF GUJARAT - Respondent(s)
 

============================================= 
Appearance
: 
MR RAJESH K SHAH for
Applicant(s) : 1 - 2. 
MS MANISHA L SHAH ADDL. PUBLIC PROSECUTOR
for Respondent(s) : 1, 
=============================================
 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE ANANT S. DAVE
		
	

 

 
 


 

Date
: 25/08/2011 

 

 
 
ORAL
ORDER

This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
C.R.No.I-45 of 2011 with Idar police station, District: Sabarkantha,
for the offences punishable under Sections 147, 148, 149, 436, 323,
447, 504, 506(2) of the Indian Penal Code and Section 3(1) (10) of
Atrocities Act and Section 135 of the Bombay Police Act.

Heard
learned counsel for the parties and perused the record.

Learned
counsel for the applicants submits that without prejudice to the
rights and contentions they would like to deposit Rs.25,000/- before
the concerned Court and complainant would be entitled to receive such
an amount on submitting an application before the Court pending
trial. Even charge-sheet is also filed and considering the nature of
allegations the applicants may be granted bail.

In
the facts and circumstances of the case and considering the nature of
allegations and role attributed to the applicants, without
discussing the evidence in detail, prima facie, this Court is of the
opinion that this is a fit case to exercise the discretion to enlarge
the applicant on bail.

Hence,
the application is allowed and the applicants are ordered to be
released on bail in connection with first information report
registered at C.R.No.I-45 of 2011 with Idar police station, District:
Sabarkantha, on their executing a bond of Rs.5,000/- (Rupees five
thousand only) each with one surety of the like amount to the
satisfaction of the trial court and subject to the conditions that
they shall

i. not
take undue advantage of their liberty or misuse their liberty;

not
act in a manner injuries to the interest of the prosecution;

surrender
their passport, if any, to the lower court within a week;

not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;

mark
their presence at the concerned police station on the first Sunday
of every month between 10 a.m. and 3 p.m till commencement of the
trial.

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 the
residence without prior permission of this Court;

The
Authorities 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 Sessions Judge
concerned 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.
D.S. Permitted.

(Anant
S. Dave, J.)

//SMITA//

   

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