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CR.MA/10211/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10211 of 2010
=======================================================
PRAVINBHAI
BHIKHUBHAI LIMBASIYA & 3 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=======================================================
Appearance :
MRMPSHAH
for Applicant(s) : 1 - 4. MS. KRUTI M SHAH
for Applicant(s) : 1 - 4.
MR SJ SHUKLA APP for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 23/09/2010
ORAL
ORDER
The
present application has been filed under Section 438 of the Code of
Criminal Procedure, 1973 for the grant of anticipatory bail in
connection with I-C.R.No.108/2010 registered with Jetpur City Police
Station, District : Rajkot for the offences punishable under
Sections 324 and 114 of the Indian Penal Code and under Section
37(1) and 135 of the Bombay Police Act.
Learned
counsel, Ms.K.M. Shah for the applicants does not press this
application qua applicants-accused nos.1 and 2 viz., Pravinbhai
Bhikhubhai Limasiya and Nileshbhai Bhikhubhai Limbasiya respectively
and, hence, the present application is confined to
applicants-accused nos.3 and 4 viz., Vijyaben W/o Bhikhubhai
Limbasia and Arunaben W/o Pravinbhai Limbasiya respectively. Learned
counsel, Ms.Shah submitted that it is a case of cross-complaint,
where the quarrel took place between the labourers resulting into
accident. She further submitted that the present application may be
allowed as all the family members have been implicated.
Learned
A.P.P., Mr.Shukla resisted the application.
Having
heard learned counsel appearing for the applicant-accused and
learned A.P.P. for the State and the fact that the application is
not pressed qua the applicants-accused nos.1 and 2 and since it is
confined to female members, applicants-accused nos.3 and 4 and also
considering the nature of offences and manner in which it is alleged
to have been committed, this is a fit case, where the discretion
under Section 438 of the Criminal Procedure Code is required to be
exercised and the present application deserves to be allowed.
Accordingly,
the present application is partly allowed. The applicants-accused
nos.3 and 4 viz., Vijyaben W/o Bhikhubhai Limbasia and Arunaben W/o
Pravinbhai Limbasiya respectively are ordered to be released on bail
in the event of their arrest in connection with I-C.R.No.108/2010
registered with Jetpur City Police Station in respect of the offence
alleged against them on their executing bond of Rs.5,000/- (Rupees
Five thousand only) each with one solvent surety of the like amount,
by them, by the concerned Police Officer and on conditions that they
shall;
a) remain present before the trial Court regularly as and when directed on the dates fixed;
b) remain present at the concerned Police Station on 28.09.2010 between 11.00 a.m. and 2.00 p.m;
c) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;
d) not to obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;
e) at the time of execution of bond, furnish their address to the Investigating Officer and the Courts concerned, and shall not change their residence till the final disposal of the case or till further orders;
f) not leave India without the permission of the Court and if having Passport, shall deposit the same before the trial Court within a week;
g) It
should be open to the Investigating Officer to file an application
for remand if he considers it proper and just; and the learned
Magistrate would decide it on merits.
This
order will hold good if the applicant is arrested at any time within
90 days from today. The order for release on bail will remain
operative only for a period of ten days from the date of their
arrest, during which it will be open to the applicants to make fresh
application for being enlarged on bail in usual course which when it
comes before the competent Court, will be disposed of in accordance
with law, having regard to all the attending circumstances and the
materials available at the relevant time uninfluenced by the fact
that anticipatory bail was granted.
Rule
is made absolute to the aforesaid extent qua applicants-accused
nos.3 and 4 viz., Vijyaben W/o Bhikhubhai Limbasia and Arunaben W/o
Pravinbhai Limbasiya respectively. Rule is discharged qua
applicants-accused nos.1 and 2
viz., Pravinbhai Bhikhubhai Limasiya and Nileshbhai Bhikhubhai
Limbasiya respectively. Direct service is permitted.
(RAJESH
H.SHUKLA, J.)
/patil
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