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CR.MA/7701/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7701 of 2008
=====================================================
JAVED
DAWOODBHAI SHAIKH - Applicant
Versus
STATE
OF GUJARAT - Respondent
=====================================================Appearance
:
MR YATIN SONI for the
Applicant.
MS MANISHA L. SHAH, ADDITIONAL PUBLIC PROSECUTOR for
the Respondent.
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 22/07/2008
ORAL
ORDER
1. RULE.
Learned Additional Public Prosecutor Ms. Manisha L. Shah waives
service of Rule on behalf of the respondent-State. In the facts and
circumstances of the case, the matter is taken up for hearing today.
2. This
is an application preferred under Section 439 of the Code of Criminal
Procedure seeking regular bail of the petitioner in connection with
C. R. bearing No. 91 of 2008 filed at Khambhalia Police Station,
Khambhalia, District Jamnagar for the offences punishable under
Sections 498A, 304B and 114 of the Indian Penal Code as well as
Sections 3, 4 and 5 of the Dowry Prohibition Act.
3. Learned
Advocate Mr. Yatin Soni for the petitioner submitted that considering
the role attributed to the petitioner, which is reflected in the FIR
at Annexure-A to the petition, the petitioner has been falsely
implicated in the commission of offences. The learned Advocate
submitted that the petitioner is the brother-in-law of deceased and
considering the part played by him, he be released on regular bail.
4. As
against the aforesaid submissions, learned Additional Public
Prosecutor Ms. Manisha L. Shah for the respondent-State submitted
that considering the nature of the offences in which the petitioner
is involvement and the gravity of the offences, it is a fit case to
reject the bail application.
5. Having
considered the rival submissions and on perusal of the FIR at
Annexure-A to the petition and the role attributed to the petitioner,
the petitioner is booked for the offences punishable under Sections
498A, 304B and 114 of the Indian Penal Code as well as Sections 3, 4
and 5 of the Dowry Prohibition Act. Perused the judgment rendered by
the learned Judge, Additional Fast Track Court No. 1, Khambhalia,
District Jamnagar in Criminal Miscellaneous Application No. 279 of
2008 wherein it has been mentioned by the learned Judge that the
petitioner was staying separately as per the ration card which was
taken into consideration. Considering the fact that the petitioner
is brother-in-law of the deceased and the nature of the offences in
which the petitioner is involved, I am inclined to exercise my
discretion in favour of the petitioner.
6. For
the foregoing reasons, the petition is allowed. The
petitioner is ordered to be enlarged on bail in connection with C. R.
bearing No. 91 of 2008 filed at Khambhalia Police Station,
Khambhalia, District Jamnagar for the offences punishable under
Sections 498A, 304B and 114 of the Indian Penal Code as well as
Sections 3, 4 and 5 of the Dowry Prohibition Act 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 he shall:
[a] not
take undue advantage of his liberty or abuse his liberty;
[b] not
act in a manner injurious to the interest of the prosecution;
[c] surrender
his 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] mark
his presence at concerned police station on any day of every first
week of English calendar month between 9.00 AM and 2.00 PM till the
trial is over;
[f] furnish
the present address of his residence to the Investigating Officer and
also to the Court at the time of execution of the bond and shall not
change his residence without prior permission of this Court; and,
[g] maintain
law and order.
7. 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.
8. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
9. 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 petitioner on bail.
10. Rule
is made absolute. Direct Service is permitted.
[H.
B. ANTANI, J.]
/shamnath
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