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CR.MA/13086/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13086 of 2010
=========================================
ISHWARBHAI
CHOTABHAI TALPADA & 2
Versus
STATE
OF GUJARAT
=========================================
Appearance
:
MR AKHTAR N MALEK for
Applicants
MR KARTIK PANDYA APP for
Respondent
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 18/11/2010
ORAL
ORDER
The
present application has been filed by the applicants for grant of
regular bail after the charge-sheet under Section 439 of Criminal
Procedure Code in connection with FIR being I-C.R.No. 3 of 2010
registered with Amod Police Station for the offence punishable under
Sections 457, 380 and 114 of Indian Penal Code.
Mr.A.
N. Malek, learned advocate, for the applicants referred to the FIR
and submitted that as now the charge-sheet is filed, present
application may be allowed considering the nature of offence. He
submits that the co-accused is released on bail.
Mr.Kartik
Pandya, learned APP resisted the application and submitted that
there is a prima-facie case suggesting the involvement of the
accused and there are antecedents. Alternatively, it was submitted
that some condition may be imposed.
Having
heard learned advocate for the applicant and learned APP for the
respondent-State and having considered the submissions and also the
fact that charge-sheet has been filed and co-accused were released
on bail, present application deserves to be allowed.
Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with I-C.R.No. 3 of 2010
registered with Amod Police Station on their executing 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 trial
commences.
(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 residences without prior permission of the Court.
(g) surrender
their passport, if any, to the lower Court, within a week.
(h) shall
not enter the area of Amod Police Station for 6 (six) months.
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.
[
ANANT S. DAVE, J. ]
vijay
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