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CR.MA/10665/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10665 of 2010
=========================================================
PARTHIBHAI
RAJABHAI BHUTADIYA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
TUSHAR CHAUDHARY for
Applicant(s) : 1,
MS MINI NAIR, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 21/09/2010
ORAL
ORDER
1. Present
application has been filed by the applicant for grant of regular bail
under Section 439 of Cr.P.C. after the charge-sheet is filed.
2. The
applicant accused is charged with having committed offences under
Sections 498(A), 306, 201 and 114 of the Indian Penal Code and
u/ss.3,7 of the Dowry Prohibition Act for which F.I.R. being CR
No.I-75/2010 has been registered with Palanpur Taluka Police Station,
District: Banaskantha.
3. The
learned Advocate Mr. Chaudhary submitted that the deceased was having
a psychological problem and in fact the treatment was also taken for
which he has produced the case papers of Jay Hospital with Dr. Pravin
B. Patel. He, therefore, submitted that considering the nature of
offence when the charge-sheet has been filed, present application may
be allowed.
4. Learned
APP Ms. Nair resisted the application. She has also referred to the
statement.
4.1.
Learned Advocate Mr. Kirit R. Chaudhary appears for the complainant
and has filed the affidavit.
5. Having
heard the learned Advocate Mr. Chaudhary for the applicant, learned
APP and learned Advocate Mr. Kirit Chaudhary for the complainant and
having considered the submissions with regard to the facts which have
already been recorded in the impugned order of the Sessions Court
that the victim was getting the treatment for psychological disorder.
Therefore, without any further elaboration, considering the fact that
the charge-sheet has been filed, the
present application deserves to be allowed subject to the conditions
hereinafter.
6. Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with the F.I.R. being CR
No.I-75/2010 registered with Palanpur Taluka Police Station,
District: Banaskantha, on his executing a bond of Rs.5,000/- (Rupees
Five Thousand) with one solvent 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 his liberty or abuse his liberty.
(b) not
to try to tamper or pressurize the prosecution witnesses or
complainant in any manner.
(c) not
act in any manner injurious to the interest of the prosecution.
(d) maintain
law and order and should cooperate with the investigating officers.
(e) mark
his presence before concerned Police Station on 1st Monday
of every month of English calender between 11:00 AM to 2:00 PM till
the trial commences;
(f) furnish
the 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 the Court.
(g) surrender
his passport, if any, to the lower Court, within a week.
7. 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.
8. 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.
9. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(RAJESH
H.SHUKLA, J.)
jani
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