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R/CR.MA/7618/2011
ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No 7618 of 2011
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PUNAMBHAI
CHHAPANBHAI PATANI....Applicant(s)
Versus
STATE
OF GUJARAT....Respondent(s)
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Appearance:
MR
PP MAJMUDAR as ADVOCATE for the Applicant(s) No. 1
MR
JK SHAH, APP for the RESPONDENT(s) No. 1
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CORAM:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 08/06/2011
ORAL
ORDER
Rule. Learned APP Mr.
J.K.Shah, waives service of notice of rule on behalf of State.
This
is an application under Section 439 of Criminal Procedure Code
praying for regular bail in connection with offence registered with
Palanpur Taluka Police Station vide CR No.I-22 of 2011 for the
offences punishable under Sections 498A, 306 and 114 of Indian Penal
Code.
The
case of the prosecution is that the accused applicant, who happens
to be brother-in-law (Jeth) abetted commission of suicide by
Sardaben. Sardaben was married to the brother of the present
applicant nine years back. It appears that there was lots of
mal-adjacement in the marital life and allegations have been
levelled that all family members were harassing deceased Sardaben.
As a result of which Sardaben committed suicide. It deserves to be
noted that the applicant herein before the Court is the
brother-in-law of the deceased. He is residing separately with his
family though ofcourse in the very same neighbourhood. However, I
cannot ignore the fact that the first informant has impleaded all
the family members. There are no specific allegation or any overact
of abetment attributed to the present applicant except general
allegations.
The
investigation is also over and charge-sheet has also been filed.
This Court has thought fit to exercise its discretion.
In
this view of the matter, I am persuaded to exercise my discretion in
favour of the accused applicant. Under the circumstances,
accused-applicant is ordered to be enlarged on regular bail in
connection with offence registered with Palanpur Taluka Police
Station, being C.R.No.I-22 of 2011 on executing bond in the sum of
Rs.15,000/- (Rupees fifteen thousand only) with one surety of the
like amount to the satisfaction of the lower Court and subject to
the conditions that he shall :
a) not take undue
advantage of liberty or misuse liberty;
b) not act in a manner
injurious to the interest of the prosecution;
c) surrender passport, if
any, to the lower court within a week;
d) not leave the State of
Gujarat without prior permission of the Sessions Judge concerned;
e) shall mark presence at
the concerned Police Station once in a month between 10.00 a.m. and
2.00 p.m.
f) shall not indulge in
any activity and if having found in such activity the bail shall
stand automatically cancelled.
g) 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 the
residence without prior permission of this Court;
The
authorities will release the applicant only if 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.
It
goes without saying that any observations touching the merits of the
case, purely for the purpose of deciding the question of grant of
bail and shall not be construed as an expression of the final
opinion in the main matter.
Rule made absolute.
Direct Service is permitted.
(J.B.PARDIWALA,
J.)
kks
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