Rule. Mr. Abichandani, Addl. Public Prosecutor waivesthe service of Rule on behalf of State. Mr. Buch, learned advocate for the applicants seeks permission to withdraw application in respect of applicant no. 2 - Javedbhai Sidikbhai Saiyed. Application stands rejected in respect of applicant no.
2.
2.The parties do not press for reasoned order. Considering the submissions made on behalf of the parties and having regard to the facts and circumstances of the case, the application is allowed and applicant no. 1 is ordered to be released on bail in connection with Crime Register No. I - 63 of 2003 registered at Bhavnagar City "C" Division Police Station for the offence alleged against him in this application on his executing bond of Rs.10,000/= (Rupees Ten Thousand only) with one solvent surety of the like amount to the satisfaction of the lower Court and subject to the conditions that he shall,
a) not take undue advantage of his liberty or abuse his liberty;
b) not to try to tamper or pressurize the prosecution witnesses or complainant in any manner;
c) maintain law and order and should co-operate the investigating officers;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave the local limits of State of Gujarat without the prior permission of the concerned Sessions Judge.
f) mark presence before Talaja Police Station twice in a month i.e. on 1st and 15th day of every month between 9.00 a.m. to 2.00 p.m. till the commencement of the trial;
g) furnish the address of his 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;
h) surrender his Passport, if any, to the lower hourt within a week;
i) not enter into the local / revenue limits of Bhavnagar Taluka for a period of six months without prior permission of this court, but for attending the Court in connection with this case he will be free to enter the limits for a period to the extent necessary and will leave the limits immediately after the case is adjourned.
3.If breach of any of the above conditions is committed, the concerned Sessions Judge will be free to issue warrant or take appropriate action in the matter.
4.Bail before the lower Court having jurisdiction to try the case. It would be opened to the trial court concerned to give time to furnish the solvency certificate if prayed for.
5.Rule is discharged qua applicant no. 2 and rule is made absolute qua applicant no. 1. Direct service is permitted.