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CR.MA/7990/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7990 of 2011
=========================================================
VINODBHAI
RAIMALBHAI DEVIPUJAK - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
MC BAROT for
Applicant(s) : 1,MR TEJAS M BAROT for Applicant(s) : 1,
MR. DABHI,
ADDL. PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 17/06/2011
ORAL
ORDER
Rule.
Mr Dabhi, learned APP waives service of notice of Rule on behalf of
the State.
The
applicant prays for regular bail in connection with the offences
registered as C.R.No. I-58 of 2011 with Deesa City Police Station,
Dist: Banaskantha for the offences punishable under sections 306,
498(A) read with Section 114 of Indian Penal Code.
I
have heard learned advocate Mr. M.C. Barot for the applicant and Mr
Dabhi, learned Additional Public Prosecutor for the respondent –
State.
In
the facts and circumstances of the case, I am persuaded to exercise
my discretion in favour of the accused – applicant taking into
consideration the following aspects:-
the
marital life of the applicant- accused with the deceased was about
more than 15 years.
Accused
applicant has three minor children aged about 5, 7 and 9
respectively.
allegations
are absolutely general regarding harassment.
investigation
is over, charge-sheet is filed.
Having
heard learned counsel for the parties and perusing the record of the
case and taking into consideration the facts of the case, nature of
allegations, role attributed to the accused and punishment prescribed
for the alleged offences, couples with the fact that charge-sheet is
filed, without discussing the evidence in detail, at this stage, I am
inclined to enlarge the applicant on bail in connection with C.R.No.
I-58 of 2011 registered with Dees Police Station, Dist: Banaskantha
for the offences punishable under sections 306, 498(A) read with
Section 114 of Indian Penal Code, on furnishing bond of Rs.15,000/-
(Rupees Fifteen thousand only) with one surety of the like amount to
the satisfaction of the lower Court and on conditions that the
applicant shall :
[a] not take
undue advantage of liberty or abuse liberty;
[b] not act in
a manner injurious to the interest of the prosecution;
[c] maintain
law and order;
[d] mark
presence before the concerned Police Station on every 1st
day of English Calender month between 11.00 a.m. and 2 p.m .
[e] not leave
the State of Gujarat without prior permission of the Sessions Judge
concerned;
[f] furnish the
address of residence at the time of execution of the bond and shall
not change the residence without prior permission of this Court;
[g] surrender
passport, if any, to the Lower Court immediately.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
Bail before the Lower Court having
jurisdiction to try the case.
Rule
is made absolute. Direct service is permitted.
(J.B.PARDIWALA, J.)
Vahid
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