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CR.MA/7960/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7960 of 2010
=========================================================
MENABEN
DEVAJI OAD & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
CHETAN B RAVAL for
Applicant(s) : 1 - 2.
MS MINI NAIR ADDITIONAL PUBLIC PROSECUTOR
for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 13/08/2010
ORAL
ORDER
This
application is filed under section 439 of the Code of Criminal
Procedure by the applicants who came to be arrested in connection
with CR No. I 184 of 2010 filed before the Sardar Nagar Police
Station for the offence punishable under Sections 498-A, 306 and 114
of the Indian Penal Code and Sections 3 and 7 of the Dowry Act.
Having
heard the rival submissions of learned advocates and having
considered the role attributed to the applicants as reflected in the
FIR at Annexure ‘A’, the quantum of punishment, gravity of offence
and the fact that this is a case of accidental death and there is no
direct evidence, which linked the applicants, I am of the opinion
that this is a fit case to grant the regular bail to the applicants.
In view of the above, the applicants are required to be enlarged on
regular bail at this stage on stringent conditions, without entering
into the merits of the case and without discussing the evidence in
detail.
The
parties do not press for further reasoned order.
In
the facts and circumstances of the case, the petition is allowed and
the applicants are ordered to be enlarged on bail in connection with
CR No. I 184 of 2010 filed before the Sardar Nagar Police
Station on their executing a bond of Rs.10,000/- [Rupees Ten thousand
only] each with one surety of the like amount to the satisfaction of
the trial court and subject to the conditions that they shall:
[a] not
take undue advantage of their liberty or abuse their liberty;
[b]. not
act in a manner injurious to the interest of the prosecution;
[c]. surrender
their passport, if any, to the lower court within a week;
[d]. not
leave the State of Gujarat without the prior permission of the
Sessions court concerned;
[f]. furnish
the present 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;
[f]. maintain
law and order.
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.
Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
At
the trial, the trial Court shall not be influenced by the
observations of preliminary nature, qua the evidence at this stage,
made by this Court while enlarging the applicants on bail.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(Z.K.SAIYED,J.)
ynvyas
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