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CR.MA/14396/2005 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14396 of 2005
======================================
RAJNIKANT
RANCHHODBHAI PATNI
Versus
STATE
OF GUJARAT
======================================
Appearance
:
MR BS PATEL for the applicant
MR
HL JANI Additional Public Prosecutor for the
respondent
======================================
CORAM
:
HONOURABLE
MR.JUSTICE A.S.DAVE
Date
: 27/12/2005
ORAL
ORDER
Rule.
Mr H.L.Jani, learned Additional Public Prosecutor, waives service of
Rule.
Heard
Mr B.S.Patel, learned advocate appearing for the applicant and Mr
H.L.Jani, Additional Public Prosecutor for the State.
This
application under Section 439 of the Code of Criminal Procedure is
preferred in connection with the complaint registered at C.R No.
I-139/05 registered at Wadi Police Station for the offences
punishable under Sections 306, 498A of the Indian Penal Code.
Considering the nature of the allegations levelled against the
present applicant, which arise out of suspicion about the applicant’s
having illicit relations with one Sonalben. The marital life is more
than 23 years. The deceased wife was treated for the serious
ailments by the applicant. No material surfaces about the direct
inducement by the applicant. The investigation by and large is over.
In
view of the above, I am inclined to enlarge the applicant on bail in
connection with C.R No. I-139 of 2005 with Wadi Police Station,
Vadodara on his executing a bond in the sum of Rs. 5,000/- and one
surety of the like amount to the satisfaction of the lower Court and
subject to the conditions that he shall
(i)
not take undue advantage of his liberty or misuse his liberty;
(ii) not
act in a manner injuries to the interest of the prosecution;
(iii) surrender
his passport, if any, to the lower court within a week;
(iv) not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
(v) mark
his presence before the concerned police station once in a month on
every 1st Sunday any time between 9 AM and 5 PM for a
period of three months.
The
authorities will release the applicant only if he is not required in
connection with any other offence for the time being.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or take appropriate
action in the matter.
Bail
bond to be executed before the lower court having jurisdiction to try
the case.
Rule
is made absolute. D.S. Permitted.
(Anant
S. Dave, J.)
*mohd
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