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CR.MA/13820/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13820 of 2008
=========================================
ZUBAIRKHAN
ALIMKHAN HABIBKHAN PATHAN & 3 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR MM TIRMIZI for
Applicant(s) : 1 - 4.
MR.SP HASURKAR, ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 24/10/2008
ORAL
ORDER
1. Rule.
Mr.S.P.Hasurkar, learned A.P.P. waives service of rule on behalf of
the respondent-State.
2. The
applicants, who have been arrested in connection with C.R.No.I-277 of
2008 registered with Karelibaug Police Station, Vadodara for the
offence punishable under Sections 143, 147, 149, 364, 342, 323,506(2)
and 504 of the Indian Penal Code have preferred this application
seeking their release on bail.
3. This
Court has gone through the complaint. It is submitted by learned
advocate Mr.M.M.Tirmizi that at presently husband and wife are
residing together. Taking into consideration this fact and gravity of
offence the application deserves to be allowed.
4. Accordingly,
the application is allowed. The applicants are ordered to be released
on bail in connection with C.R.No.I-277 of 2008 registered with
Karelibaug Police Station, Vadodara for the offences alleged against
them in this application on each of them executing a personal bond
of Rs.5000/-(Rupees Five Thousand Only) with one surety of the like
amount to the satisfaction of the lower Court and subjection to the
condition that he shall:-
(a) not take undue advantage of their liberty or misuse their
liberty;
(b) not
to act in a manner injurious to the interest of the prosecution;
(c) maintain
law and order;
(d) The applicants shall not enter into the limit of Vadodara town.
(e) not leave the State of Gujarat without the prior permission of
Sessions Judge concerned.
(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
their residence without prior permission of this Court;
(g) surrender their passport, if any, to the lower Court within a
week;
5. If breach of any of the above condition is committed, the Sessions
Judge concerned 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.
7. Rule is made absolute. Direct service is permitted.
(M.D.Shah, J.)
sudhir
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