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Bhupatbhai vs State

High Court Of Gujarat|18 November, 2010


1. Learned Advocate for the applicants does not press this application for applicants No.1, 2, 3, 5, 6, 7 and 9 at this stage. Therefore, Rule is discharged qua them.
2. This application is restricted to applicants No.4 and 8 only.
3. This is an application preferred under Section 439 of the Code of Criminal Procedure by the applicants who came to be arrested in connection with I- CR No. 20 of 2010 registered at Vetavdar Police Station, for the offences punishable under Sections 147, 148, 149, 323, 324, 325, 307 and 302 of the IPC.
4. Heard the learned Advocate for the applicants and the learned APP at length and in great detail. Having heard the learned Advocate for the applicants and the learned APP for the State and on perusal of the record, the application deserves to be allowed and is accordingly allowed. The applicants are ordered to be enlarged on bail in connection with aforesaid offences on executing a bond of Rs.10,000/- [Rupees ten 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 his 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] mark their presence at the concerned Police Station on any day of every first week of English calendar month between 9.00 AM and 2.00 PM. till the trial is over;
[f] 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 his residence without prior permission of this Court;
[g] maintain law and order.
3. 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.
4. Bail bond to be executed before the lower Court having jurisdiction to try the case.
5. 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.
6. Rule is made absolute to the aforesaid extent. Direct Service is permitted.
[ANANT S. DAVE, J.] msp Top
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Bhupatbhai vs State


High Court Of Gujarat

18 November, 2010