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CR.MA/5748/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5748 of 2010
=========================================================
CHAMPABEN
LALJIBHAI KOLI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
SP MAJMUDAR for
Applicant(s) : 1,
MR HL JANI, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 29/06/2010
ORAL
ORDER
The
present application is filed by the applicant under Section 439 of
the Code of Criminal Procedure, 1973, for enlarging her on regular
in connection with the offence being CR No. II- 72 of 2009
registered with Koth Police Station, Dist. Ahmedabad, for the
offence u/s. 498-A, 304(B) of I.P. Code.
Heard
learned Counsel Mr. Majmudar for the applicant and learned A.P.P.
Mr. Jani for the respondent. Both the parties do not press for any
reasoned order.
Having
heard the learned Counsel for both the sides and looking to the
facts and circumstances of the case, statement of the witnesses,
gravity of the offence and quantum of punishment and also the fact
that now the charge-sheet is filed and the fact that there is no
definite allegation made against the applicant, I am inclined to
grant bail to the applicant.
Considering
the above, this Application is allowed. The applicant is ordered to
be released on bail in connection with CR No. II – 72 of 2009
registered with Koth Police Station, Dist. Ahmedabad for the
offences alleged against her in this application on she executing a
Bond of Rs.10,000/- (Rupees ten thousand only) with one solvent
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
to try to tamper or pressurise the prosecution witnesses or
complainant in any manner;
c) maintain
law and order and shall cooperate the Investigating Officers;
d) not
act in a manner injurious to the interest of the prosecution;
e) not
leave the country without the prior permission of the concerned
Sessions Judge.
f) furnish
the address of his residence to the I.O. and also to the Court at the
time of execution of the bond and shall not change the residence
without prior permission of this Court;
g) surrender
her passport, if any, to the lower Court within a week.
6. If
breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or take appropriate
action in the matter.
7. Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
8. Rule
is made absolute. Direct service is permitted.
(Z.K.SAIYED,J.)
sas
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