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CR.MA/12748/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12748 of 2010
=========================================================
TOFIK
@ DAMAR YUNUSBHAI HAJIBHAI KURESHI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
PM LAKHANI for Applicant(s) : 1 - 2.MRS RP LAKHANI for Applicant(s) :
1 - 2.MR RH RUPARELIYA for Applicant(s) : 1 - 2.MR UDAY H BHATT for
Applicant(s) : 1 - 2.
MR MAULIK NANAVATI APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 22/10/2010
ORAL
ORDER
Rule.
Mr.Maulik Nanavati, learned APP waives service of rule on behalf of
respondent-State.
The
present application has been filed by the applicants for grant of
regular bail under Section 439 of Criminal Procedure Code in
connection with FIR being I-C.R.No. 28 of 2005 registered with
Amreli City Police Station, Amreli for the offence punishable under
Sections 457 and 380 of Indian Penal Code.
Learned
advocate, Mr.P.M.Lakhani, referred to the FIR and submitted that
considering the nature of offence and role attributed regarding
theft of ornaments and some amount, present application may be
allowed.
Learned
APP, Ms.Maulik Nanavati, resisted the application.
Having
heard the learned advocate, Mr.P.M.Lakhani, for the applicants and
learned APP, Mr.Maulik Nanavati, and having considered the nature of
offence and role attributed, as there are no antecedents stated by
the learned advocate Mr.P.M.Lakhani, present application deserves to
be allowed.
Accordingly,
present application stands allowed. The applicants are ordered to be
released on regular bail in connection with FIR being I-C.R.No. 28
of 2005 registered with Amreli City Police Station, Amreli on their
executing a bond of Rs.5,000/- (Rupees Five Thousand) each with one
solvent surety of the like amount to the satisfaction of the lower
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) not
act in any manner injurious to the interest of the prosecution.
(d) maintain
law and order and should cooperate the investigating officers.
(e) mark
their presence before concerned Police Station on 1st
Monday of every month between 11.00 AM to 2.00 PM till the
charge-sheet is filed.
(f) furnish
the address of their residence to the Investigating Officer and also
to the Court at the time of execution of the bond and shall not
change their residence without prior permission of the Court.
(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 permitted.
(RAJESH
H.SHUKLA, J.)
(ashish)
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