1. Rule. Mr.M.R.Mengdey, learned Additional Public Prosecutor waives service of notice of rule on behalf of respondent-State of Gujarat.
2. Shri Y.M.Thakkar, learned advocate appearing on behalf of the applicants does not press the present application qua applicant No.1 Juvansinh @ Jado Vajesinh Koli Luhar and applicant No.2 Babubhai Ramjibhai Koli Patel and seeks permission to withdraw the same. Permission is accordingly granted. The application is dismissed as withdrawn qua applicant No.1 Juvansinh @ Jado Vajesinh Koli Luhar and applicant No.2 Babubhai Ramjibhai Koli Patel.
3. Heard Shri Y.M.Thakkar, learned advocate appearing on behalf of the applicants No.3 and 4 and Shri M.R.Mengdey, learned Addl.Public Prosecutor appearing on behalf of respondent-State. Prima facie allegation against the applicants No.3 and 4 is for the offences under Section 201 of the Indian Penal Code. Looking to the nature of allegations levelled against the applicants No.3 and 4 and the role attributed to them, the application qua applicants No.3 and 4 deserves consideration positively. Further detail reasoned order is not warranted at this stage as it may ultimately affect or prejudice the trial.
4. Considering the submissions made on behalf of the parties and having regard to the circumstances and facts of the case, the application is allowed qua applicant No.3 Bharatbhai Abhesingbhai Patel and applicant No.4 Pravinbhai Ramsingbhai Patel and the applicants No.3 and 4 are ordered to be released on bail in connection with Crime Register No.I ý 22 of 2008 registered with Devgadh Bariya Police Station on their executing a bond of Rs.5,000/- (Rupees Five Thousand only) each 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 their liberty or misuse their liberty;
(b) not act in a manner injurious to the interest of the prosecution;
(c) maintain law and order;
(d) mark their presence before Devgadh Bariya Police Station, District Dahod on 2nd Sunday every English calendar month between 9.00 a.m. and 2.00 p.m. for a period of six months;
(e) not leave the State of Gujarat without the prior permission of the Sessions Judge concerned;
(f) furnish the address of their residence 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 conditions is committed, the Sessions Judge concerned will be free to issue warrant or to take appropriate action in the matter.
6. Bail before the lower Court having jurisdiction to try the case.
7. Rule is made absolute qua applicants No.3 and 4. Rule is discharged qua applicant No.1 and 2. Direct service is permitted.
( M.R. SHAH, J. ) syed/