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CR.MA/5299/2006 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5299 of 2006
In
CRIMINAL
APPEAL No. 914 of 2006
=====================================================================
KOLI
RAVJIBHAI RAMJIBHAI AND OTHERS
Versus
STATE
OF GUJARAT
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Appearance :
MR
MB PARIKH for the Applicants
MR AJ DESAI, ADDITIONAL PUBLIC
PROSECUTOR for the Opponent
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CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 06/10/2006
ORAL
ORDER
1. RULE.
Mr.A.J.Desai, learned Additional Public Prosecutor waives service of
Rule on behalf of the respondent State.
2. Heard
learned advocate for the applicants and learned Additional Public
Prosecutor appearing for the respondent State.
3. Mr.M.B.Parikh,
learned advocate for the applicants submitted that the incident is
that on 23.06.1991. He submitted that reading of the charge reveals
that from a petty quarrel, the incident took place, wherein the
injury was caused by a stone, though it is alleged that one
Bhikhubhai Ravishankar, i.e. applicant No.3 herein was armed with
knife. He submitted that no injury is caused by knife.
4. Following
aspects are considered:
the
incident is that of the year 1991 and till date, there are no other
antecedents.
the
alleged incident was first of its nature and there is no previous
antecedents.
the
applicants are in the age group of 43 to 45, having their family and
responsibility to maintain their family.
role
played by each of the applicants.
relevant
depositions
5. Considering
the aforesaid aspects, this application is allowed and the applicants
are ordered to be released on bail in connection with order of
conviction passed in Sessions Case No.178 of 1991 by the learned
Additional Sessions Judge, Fast Track Court No.6, Bhavnagar at Mahuva
dated 03.05.2006 for the offences alleged against them in this
application on their executing bond of Rs.5,000/- (Rupees Five
Thousand Only), each with one surety of the like amount to the
satisfaction of the lower Court and subject to the conditions that
they shall-
not
take undue advantage of liberty or abuse liberty;
maintain
law and order;
not
act in a manner injurious to the interest of the prosecution;
furnish
the present address of 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;
mark
their presence before the concerned Police Station once in a month
between 1st and 10th of every month between
10.00 a.m. And 2.00 p.m.
not
leave the limits of the country without prior permission of this
Court;
surrender
passport, if any, within a week to the lower Court;
6. 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.
7. Bail
before the lower Court having jurisdiction to try the case.
8. Rule
is made absolute. Direct service is permitted.
(RAVI R.TRIPATHI, J.)
*Shitole
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