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CR.MA/7732/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7732 of 2008
=========================================================
CHHATRASINH
BHUPATSINH SOLANKI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PREMAL R JOSHI for
the Applicants.
Mr. M.R.Mengde, Addl. PUBLIC
PROSECUTOR for the
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE DN PATEL
Date
: 04/07/2008
ORAL
ORDER
Rule.
Learned Additional Public Prosecutor Mr.M.R.Mengde waives service
of notice of Rule on behalf of the respondent-State.
2. This
application has been preferred for regular bail under Section 439 of
the Code of Criminal Procedure,1973, in connection with the offence
bearing C.R.No.I-88 of 2008 registered with Borsad Police Station
under Sections 498-A, 306, 114 of the Indian Penal Code.
3. Having
heard the learned counsel for both the sides and looking to the facts
and circumstances of the case, role played by the applicant,
statements of witnesses, gravity of the offence, quantum of
punishment, the manner in which the applicant is involved in the
offence, as per the allegations of the prosecution, looking to the
fact that several times, deceased was going at her parental house and
coming back to her matrimonial house, it also appears that before the
date of incident since last 10 days, she was residing a the parental
house because of after-death ceremony of her brother, coupled with
the fact that the investigation is already over and charge-sheet is
filed and also keeping in mind the fact that there is no antecedent
of the present applicants, this application is allowed. The
applicants are ordered to be released on bail in connection with the
offence registered with Borsad Police Station bearing C.R.No.I-88 of
2008 on each of them executing a bond of Rs. 5000/- (Rs. Five
thousands only) with one surety of like amount to the satisfaction
of the lower Court and subject to the conditions that they shall,
(a) not
take undue advantage of their liberty or abuse their liberty;
(b) not
act in a manner injurious to the interest of the prosecution;
(c) maintain
law and order;
(d) shall
mark their presence before Borsad Police Station on every first day
of English Calendar month between 9.00 a.m. to 2.00 p.m.;
(e) not
leave the State of Gujarat without the prior permission of the
Sessions Court concerned;
(f) furnish
the address of their residence at the time
of execution of the bond and shall not change the residence without
prior permission of this Court;
(g) surrender
their passport, if any, to the lower Court within a week.
4. 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.
5. Bail
before the lower court having jurisdiction to try the case.
6. Rule
is made absolute. Direct service permitted.
(D.N.Patel,J)
***darji
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