Rule. Mr. V.M.Pancholi, learned A.P.P. waives service of rule on behalf of State.
2.Heard learned counsel for the applicant and learned A.P.P. for the State.
3.There are in all six accused who have preferred Cri.Misc.Application No. 1816/02 before the Sessions Court which came to be rejected. Out of them four accused preferred Cri.Misc.Application No. 4322/02 before this court (Coram : Shri R.P.Dholakia, J ) which was allowed. This application is for the remaining two accused. Therefore, this application requires to be allowed on the ground of parity.
4.The parties do not press for reasoned order. Considering the submissions made on behalf of the parties, and having regard to the circumstances and facts of the case, the application is allowed and they are is ordered to be released on bail in connection with C.R.No. I-137/02 registered at Amraiwadi Police Station for the offence charged against them in this application on executing bond of Rs. 5,000/- (Rupees five thousand only) with one surety of the like amount to the satisfaction of the lower Court and subject to the conditions that they shall ;
a) not take undue advantage of liberty or abuse their liberty ;
b) not try to tamper or pressurize the prosecution witnesses or complainant in any manner ;
c) maintain law and order and should co-operate the investigation officer ;
d) not act in a manner injurious to the interest of the prosecution ;
e) furnish the present and permanent 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 the residence without prior permission of this Court ;
f) surrender their passport, if any, within a week to the lower Court.
4)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.
5)Bail before the lower Court having jurisdiction to try the case.
6.Rule is made absolute. Direct service is permitted.
( SHARAD D DAVE, J ) srilatha