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CR.MA/13118/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13118 of 2008
=========================================================
KOLI
KALABHAI EBHABHAI BARAD & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
SUNIL C PATEL for
Applicant(s) : 1 - 3.
Mr M R Mengdey, Addl.PUBLIC PROSECUTOR for
Respondent(s) :
1,
==========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 20/10/2008
ORAL
ORDER
1. Rule.
Learned APP waives service of notice of Rule on behalf of the
respondent-State.
2. So
far as the petitioners No.2 and 3 are concerned, they have been
arrested on 29.9.2008 in connection with CR No.I-8 of 2008 by
Marine police station, Porbandar for the offences punishable under
sections 498A, 306 and 114 of IPC, has preferred this application
seeking their release on bail.
3. This
court has gone through the complaint as well as the statement of the
victim and witnesses. Charge sheet has not yet been filed. The
petitioners are is jail since 29.9.2008.
4. Having
heard the learned counsel for both the sides and looking to the role
played by the present petitioners, statements of witnesses, gravity
of offence, quantum of offence and the manner in which the
petitioners are involved in the offence, without going into the
merits of the case, only on the ground that both the petitioners
being lady accused and are in jail since 29.9.208, this application
deserves to be allowed. Accordingly, this application is allowed.
The petitioners are ordered to be released on bail in connection with
CR No.I-8 of 2008 by Marine police station, Porbandar for the
offences alleged against them in this petition on their executing a
personal bond of Rs. 5,000/- (Rupees five thousand only) each with
one surety each of the like amount to the satisfaction of the lower
court and subject to the following conditions that they shall:
(a) Not
take undue advantage of their liberty or misuse their liberty;
(b) not
to act in a manner injurious to the interest of the prosecution.
[c] maintain
law and order
(d) not
to leave State of Gujarat without prior permission of the
court/Sessions Judge concerned.
(f) surrender
their passports, if any, to the lower court within a week;
(g)
furnish the 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
their residence without prior permission of this court;
(iv)
Not to leave India without prior permission of the court;
4. If
breach of any of the above condition is committed, the Sessions Judge
concerned will be free to issue warrant or take appropriate action in
the matter.
Bail
before the lower court having jurisdiction to try the case.
5. So
far as petitioner No.1 is concerned,
the learned advocate for the petitioners does not press the
petition. Therefore, petition, so far as petitioner no.1 is
concerned, is disposed of as having not been pressed. Rule is
discharged. He is at liberty to file fresh bail application
before the competent court, after the charge sheet is filed. If such
an application is made by the petitioner No.1, the same will be heard
and decided by the competent court in accordance with law, without
being influenced by the order passed by this court.
Rule
is made absolute so far as petitioners No.2 and 3 are concerned.
Direct service is permitted.
[M.D.
SHAH, J.]
msp
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