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CR.MA/7331/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7331 of 2008
======================================
ASHOKBHAI
ANANDRAM AACHARYA AND OTHERS
Versus
STATE
OF GUJARAT
======================================
Appearance
:
MR LR PATHAN for Applicants.
MR
KT DAVE, APP for Respondent.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 12/06/2008
ORAL
ORDER
1. Rule.
Learned APP, Mr.K.T.Dave waives service of notice of Rule on behalf
of the respondent ? State.
2. Heard
the learned advocate for the applicants and learned APP for the
respondent ? State.
3. This
application is filed by the applicants under Sec. 439 of Cr.P.C. for
releasing them on regular bail in connection with the offence
registered vide CR No.II-3092/2008 with Morbi City Police Station for
the offences punishable under Sections 306, 498 (A) read with Section
114 of Indian Penal Code.
4. Learned
advocate for the applicants has submitted that the applicants are
innocent and they are falsely involved in this case. He read the
order passed by the trial court and prayed to release the applicants
on regular bail.
5. As
against this, learned APP Mr.K.T.Dave, has strongly opposed this
application and read the order passed by the trial court.
6. I
have gone through the order passed by the trial court as well as the
papers produced on record of the case. Looking to the allegations
levelled against the applicants, I am inclined to release them on
regular bail.
7. Learned
advocates for the parties do not press for reasoned order.
8. Considering
the facts and circumstances of the case, the present application is
allowed. The applicants are ordered to be released on regular bail in
connection with vide CR No.II-3092/2008 with Morbi City Police
Station, on their executing personal bond in the sum of Rs. 5,000/-
(Rs. 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;
(a)
not take undue advantage of their liberty or abuse their liberty;
(b) not
act in a manner injurious to the interest of the prosecution;
(c)
surrender their passport, if any, to the lower court within a week;
(d)
not leave the State of Gujarat without the prior permission of the
Sessions Court concerned;
(e) 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;
(f)
applicant nos.1 and 3 shall mark their presence before the
concerned Police Station once in a month, that is, on the 16th day of
each month between 11.00am to 2.00pm till framing of charge;
(g) maintain
law and order;
9. The
authorities will release the applicants only if they are not required
in connection with any other offence for the time being.
10.
If breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or to take appropriate
action in the matter.
11. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
12. At
the time of 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.
13. Rule
is made absolute to the aforesaid extent. Direct Service permitted.
[Z.K.
SAIYED, J.]
/malek
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