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CR.MA/14853/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14853 of 2010
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ZAMIR
ALAM @ MONEY ZAHIR AHMED & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance :
MR
JAYESH A DAVE for Applicant(s) : 1 - 2.
PUBLIC PROSECUTOR for
Respondent(s) : 1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 28/12/2010
ORAL
ORDER
Rule.
Learned APP, waives service of notice of Rule for respondent –
State.
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
CR No.I 145/2010 with Rakhial Police Station, for the offences
punishable under Sections 394, 323, 324, 294A, 452, 427, 506(1), 114
etc. of the Indian Penal Code and section 135(1) of the Bombay
Police Act.
Learned
counsel appearing for the applicants submits that considering the
nature of allegations, role attributed to the applicants and
punishment prescribed, the applicants may be enlarged on bail. It
is further submitted that the applicants will be available for trial
and would not flee from the course of justice.
Heard
learned APP for the respondent – State.
Having
heard learned counsel for the parties and perusing the record of the
case and taking into consideration the facts of the case, nature of
allegations, role attributed to the accused and punishment
prescribed for the alleged offences coupled with the fact that
charge sheet is filed, without discussing the evidence in detail, at
this stage, I am inclined to grant anticipatory bail to the
applicants.
In
the facts and circumstances of the case, the application is allowed
and the applicants are ordered to be released on bail in connection
with first information report registered at C.R. No.I 145/2010
registered with Rakhial Police Station, on executing bond of
Rs.5,000/- (Rupees 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;
not
take undue advantage of liberty or misuse liberty;
not
act in a manner injurious to the interest of the prosecution;
surrender
their passport, if any, to the lower court within a week;
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
mark
their presence at the concerned police station on the first Sunday
of every month between 10.00 a.m. and 3.00 p.m. for
three months only;
furnish
the present address of residences 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;
The
Authorities will release the applicants only if they are not
required in connection with any other offence for the time being.
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.
Bail bond to
be executed before the lower court having jurisdiction to try the
case.
At the
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 applicant on bail.
Rule is made
absolute to the aforesaid extent. D.S. Permitted.
(ANANT
S. DAVE, J.)
*pvv
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