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CR.MA/2187/2010 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2187 of 2010
=========================================================
MAHENDRAKUMAR
RAJENDRAPRASAD SHUKLA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
YATIN SONI for
Applicant(s) : 1,
MS TK PATEL, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 29/03/2010
ORAL
ORDER
1. This
is an application preferred under Section 439 of the Code of Criminal
Procedure by the applicant who came to be arrested in connection with
CR No. II 3072 of 2009 registered at Valsad Rural Police Station
for the offence punishable under Sections 323, 498-A, 306 of the IPC
as well as Section 3(1)(10) of Dowry Prohibition Act.
2. Mr
Yatin Soni, learned advocate for the applicant submitted that the
applicant is an innocent person and false case is foisted on him.
Considering the role attributed to the applicant which can be seen
from the FIR at Annexure-A to the petition, he deserves to be
enlarged on bail.
3. Ms
TK Patel, learned APP for the State, while opposing the bail
application, submitted that the applicant is involved in a serious
offence punishable under Sections 323, 498-A, 306 of the IPC as well
as Section 3(1)(10) of Dowry Prohibition Act. Considering the nature
of offence in which the applicant is involved and the manner in which
he has committed the offence, no discretionary relief be granted to
the applicant. Learned APP has placed reliance on the statement of
witnesses as well as the report given by the FSL and the dying
declaration of the deceased in support of the submission that prima
facie case is made out against the applicant and therefore, no
interference is called for in the application and the same deserves
to be rejected.
4. I
have heard Mr Yatin Soni, learned advocate for the applicant and Ms
TK Patel, learned APP for the State at length and in great detail. I
have considered the averments made in the application, the role
attributed to the applicant as reflected in the FIR, provisions of
Sections 323, 498-A, 306 of the IPC as well as Section 3(1)(10) of
Dowry Prohibition Act, quantum of punishment, police papers,
statement of witnesses, the report of the FSL as well as the dying
declaration which is produced for my perusal. However, considering
the aforesaid material on record of the case and without discussing
into the merits of the matter, I am of the view that the applicant
deserves to be enlarged on bail at this stage.
5. In the facts and
circumstances of the case, the application is allowed and the
applicant is ordered to be enlarged on bail in connection with CR No.
II 3072 of 2009 registered at Valsad Rural Police Station on
executing a bond of Rs.20,000/- [Rupees twenty 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
the 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 I.O. 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;
[g] maintain law and
order.
6. 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.
7. Bail bond to be
executed before the lower Court having jurisdiction to try the case.
8. 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 applicant on bail.
9. Rule is made absolute
to the aforesaid extent. Direct Service is permitted.
[H.B.ANTANI,
J.]
mrpandya
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