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CR.MA/8670/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8670 of 2010
=========================================
IMRANBHAI
GULAMBHAI DIWAN & 1
Versus
STATE
OF GUJARAT
=========================================
Appearance
:
MR BS PATEL for Applicant(s) :
1 - 2.
MR HL JANI ADDL. PUBLIC PROSECUTOR for
Respondent
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 10/08/2010
ORAL
ORDER
1. The
present application is filed by the applicants under Section 439 of
the Code of Criminal Procedure, 1973, for enlarging them on regular
bail in connection with the offence being CR No. I – 226 of 2010
registered with J.P.Road Police Station, Vadodara, for the offence
u/s. 143, 147, 148, 323, 436, 452 and 506(2) of I.P. Code and
Section 135 of the B.P.Act.
2. Heard
learned Advocate for the applicants and learned A.P.P. for the
respondent – State. Learned Advocate for the applicants has
contended applicants are wrongly involved in the commission of
offence, there is long delay in filing the complaint. The alleged
offence was occurred on 7.6.2010 and the FIR came to be lodged on
23.6.2010. I have also perused the papers produced before me.
Learned APP has vehemently opposed this application. However, both
the parties do not press for any reasoned order.
3. Having
heard the learned Counsel for both the sides and looking to the
facts and circumstances of the case, statement of the witnesses,
gravity of the offence and quantum of punishment, I am inclined to
grant bail to the applicants.
4. Considering
the above, this Application is allowed. The applicants are ordered
to be released on bail in connection with CR No. I – 226 of 2010
registered with J.P. Road Police Station, Vadodara, for the offences
alleged against them in this application on executing a Bond of
Rs.10,000/- (Rupees ten thousand only) each with one solvent surety
of the like amount to the satisfaction of the trial 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) maintain
law and order and shall cooperate the Investigating Officers;
d) not
act in a manner injurious to the interest of the prosecution;
e) not
leave the country without the prior permission of the concerned
Sessions Judge.
f) furnish
the 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;
h) surrender
their passports, if any, to the lower Court within a week.
5. 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.
6. 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.
7. Rule
is made absolute. Direct service is permitted.
(Z.K.SAIYED,J.)
(vijay)
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