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CR.MA/9811/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9811 of 2010
=========================================================
JAYANTIBHAI
SAVJIBHAI PARSANA & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PB KHANDHERIA for
Applicant(s) : 1 - 2.
MS MINI NIAR, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 26/08/2010
ORAL
ORDER
Rule.
Learned APP waives service of Rule on behalf of the respondent
State. The present application is filed by the applicants under
Section 439 of the Code of Criminal Procedure, 1973, for enlarging
them on regular bail in connection with the offence being CR No. I
54 of 2010 registered with Gondal City Police Station, Dist. Rajkot
for the offences u/s. 306, 498-A, 304(B), 114 of I.P. Code. After
some arguments learned Advocate for the applicant does not press
this application and seeks permission to withdraw this application
for applicant No.1 Jayantibhai Savjibhai Parsana. Permission
granted. This application is dismissed as withdrawn in so far as
applicant No.1 Jayantibhai Savjibhai Parsana is concerned.
Heard
learned Advocate for the applicant and learned A.P.P. for the
respondent – State. I have also perused the papers produced before
me. Learned APP has vehemently opposed this application. However,
both the parties do not press for any reasoned order.
Having
heard the learned Counsel for both the sides, and looking to the
facts and circumstances of the case and perusing the papers produced
before me, I am inclined to grant bail to the applicant No.2
Vijayaben Jayantibhai Parsana.
Considering
the above, this Application is allowed for applicant No.2. The
applicant No.2 is ordered to be released on bail in connection with
CR No. I 54 of 2010 registered with Gondal City Police Station,
Dist. Rajkot, for the offences alleged against her in this
application on her executing a 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
she shall –
a) not
take undue advantage of her liberty or abuse her liberty;
b) not
to try to tamper or pressurize the prosecution witnesses or
complainant in any manner;
c) maintain
law and order and shall cooperate the Investigating Officers;
d) not
act in a manner injurious to the interest of the prosecution;
e) not
leave the country without the prior permission of the concerned
Sessions Judge.
g) surrender
her passport, if any, to the lower Court within a week.
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.
Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
Rule
is made absolute in so far as applicant No.2 Vijayaben
Jayantibhai Parsana is concerned. Rule is discharged in so far as
applicant No.1 Jayantibhai Savjibhai Parsana is concerned.
Direct service is permitted.
(Z.K.SAIYED,J.)
sas
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