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CR.MA/5762/2012 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5762 of 2012
With
CRIMINAL
MISC.APPLICATION No. 8013 of 2012
With
CRIMINAL
MISC.APPLICATION No. 9247 of 2012
=========================================
CHIRAGKUMAR
HASMUKHBHAI MAKWANA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
========================================= Appearance in Cr.M.A.No.5762 of 2012 : MR.YM
THAKORE for
Applicant(s) : 1, MR LB DABHI, ADDL. PUBLIC PROSECUTOR for Respondent(s) : 1,
Appearance
in Cr.M.A.No.8013 of 2012 : MR.GP
BAGHEL for Applicant(s) : 1, MR LB DABHI, ADDL. PUBLIC PROSECUTOR for Respondent(s) : 1,
Appearance
in Cr.M.A.No.9247 of 2012 : MR.AM
DAGLI for Applicant(s) : 1, MR LB DABHI, ADDL. PUBLIC PROSECUTOR for Respondent(s) : 1, =========================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 20/07/2012
ORAL
ORDER
[1] As
the applications arise out of common C.R.Number, they are disposed of by this common order.
[2] By
way of present applications, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicants have prayed to release them on regular bail in connection with C.R.No.I-8 of 2012 registered with Kalol Police Station, Panchmahals for the offence under sections 394, 397, 398, 365, 368, 307, 114 of Indian Penal Code.
[3] It
is submitted by the learned advocate for the applicants accused that charge sheet is filed and considering nature of allegations and role attributed to the applicants, the applicants may be enlarged on bail.
[4] Heard
learned advocates for the respective parties. This Court has gone through the complaint. As far as injury is concerned, it is superficial injury. Injured is discharged from the hospital. Mudamal is also recovered. No other offence are registered against the applicants accused of same nature. Considering this facts and the role attributed to the applicants - accused and now the charge sheet is filed, without entering into the merits of the case this Court is of the opinion that the applications deserve to be allowed.
[5] Hence,
the applications are allowed. The applicants are ordered to be released on bail in connection with C.R.No.I-8 of 2012 registered with Kalol Police Station, Panchmahals for the offence alleged against them on each executing personal bond of Rs.10,000/- (Rupees ten thousand only) with one solvent 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
to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) maintain
law and order and should cooperate the Investigating Officer;
d) not
act in a manner injurious to the interest of the prosecution;
e) not
leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) furnish
the address of residence to the Investigating Officer 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;
g) surrender
passport, if any, to the lower Court within a week.
[6] If
the breach of any of the above conditions is committed, the concerned Court 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. At the trial, the trial Court shall not be influenced by the observations made by this Court while enlarging the applicants on bail. Rule is made absolute to the aforesaid extent in each of the application.
Direct
service is permitted.
Office
to place copy of this order in each applications.
[M.D.Shah,
J.]
satish
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