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CR.MA/3297/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3297 of 2010
=========================================================
HANSABEN
W/O JAYESHBHAI @ JAPPANBHAI BOGHABHAI MAKWANA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
MB PARIKH for Applicant(s) : 1,
MR DC SEJPAL ADDITIONAL PUBLIC
PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 22/04/2010
ORAL
ORDER
This
application is preferred under Section 439 of the Code of Criminal
Procedure for regular bail by the applicant, who has been arrested in
connection with CR No. I – 41 of 2010 registered with Mahuva Police
Station for the offences punishable under Sections 302, 394, 450, 34,
120(B) and 201 of the Indian Penal Code and Section 135 of the Bombay
Police Act.
I
have heard the learned advocate for the applicant and learned APP for
the respondent State at length and in great detail. Considering
the role attributed to the applicant as reflected in the FIR, police
papers and the fact that the applicant was not present at the scene
of offence, wherein main accused have involved and also considering
the reasons given by the learned Judge while passing the order in
Criminal Misc. Application No.42 of 2010, I am of the view that the
applicant deserves to be enlarged on bail. However, stringent terms
and conditions are required to be imposed while releasing the
applicant on bail.
For
the foregoing reasons, the application is allowed and the applicant
is ordered to be enlarged on bail in connection with C.R. No. I – 41
of 2010 registered with Mahuva Police Station, on executing a bond of
Rs.10,000/- [Rupees ten thousand only] with one 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
act in a manner injurious to the interest of the prosecution;
[c] surrender
her 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;
(e) furnish
the present address of her residence to the I.O. and also to the
Court at the time of execution of the bond and shall not change her
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 applicant on bail.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(H.B.ANTANI,
J.)
ynvyas
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