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CR.MA/5479/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5479 of 2010
=========================================================
DR
SURESH GORDHANBHAI RATHWA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
SHAKEEL A QURESHI for
Applicant(s) : 1,
MS ML SHAH, APP for Respondent(s) : 1,
MS
KRUTI SHAH for Original
Complainant,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
Date
: 11/06/2010
ORAL
ORDER
RULE.
Ms ML Shah, learned APP waives service of Rule on behalf of the
State. Heard Mr Qureshi, learned advocate for the applicant, Ms ML
Shah, learned APP for the State and Ms Kruti Shah, learned advocate
for the original complainant.
2. Following
aspects are considered :-
(i) The applicant is
facing charges for the offence punishable under Sections 498A and 306
of the IPC.
(ii) Investigation is
over. Charge-sheet is filed.
(iii) The applicant has
a young child aged about four years to be taken care of.
(iv) The allegation
against the applicant is that of having an extra marital relationship
which has prompted the deceased to commit suicide.
3. Considering
the above aspects, the application deserves to be allowed and the
same is allowed. The applicant is ordered to be released on bail in
connection with CR No. I 1 of 2010 of Adajan Police Station on his
executing a bond of Rs.10,000/- (Rupees ten thousand only) with one
surety of the like amount to the satisfaction of the lower Court
subject to such conditions which the lower Court may deem fit to
impose.
4. Rule
is made absolute to the aforesaid extent.
5. Direct
service is permitted.
(A.L.
Dave, J.)
mrpandya
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