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CR.MA/11647/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11647 of 2010
=======================================================
PINTU
@ PRAVIN MALABHAI CHANSIYA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=======================================================
Appearance :
MR
SIKANDER SAIYED for Applicant(s) : 1,
MS MINI NAIR APP for
Respondent(s) :
1,
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 14/10/2010
ORAL
ORDER
The
present application has been filed by the applicant-accused under
Section 439 of Criminal Procedure Code for regular bail after filing
of the chargesheet.
The
applicant-accused is charged with having committed offences
under Sections 506(2), 306 and 114 of the Indian Penal Code, for
which, FIR being I-C.R.No.50/2010 has been lodged at Dhrangadhrara
Taluka Police Station.
Learned
counsel, Mr.Saiyed for the applicant submitted that the chargesheet
has been filed and other co-accused has been released on bail and,
therefore, the present application may be allowed.
Learned
A.P.P., Ms.Nair resisted the present application. It was also stated
that there was demand for money and cause of death is not clearly
stated in the P.M. Report. She, therefore, submitted that the
present application may not be entertained.
In
rejoinder, learned counsel, Mr.Saiyed submitted that the history
recorded by the doctor clearly suggests about the consumption by the
deceased on her own.
Having
heard learned counsel appearing for the applicant-accused and
learned A.P.P. for the State and considering the manner in which the
offence is alleged to have been committed, role attributed as well
as considering the papers including the history recorded in the
certificate and other papers, the Court is of the opinion that the
present application deserves to be allowed.
Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with I-C.R.No.50/2010
registered with Dhrangadhara Taluka Police Station on his executing
a bond of Rs.5,000/- (Rupees Five Thousand Only) 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 the investigating officers.
(e) 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.
(f) surrender
his passport, if any, to the lower Court, within a week.
(g) mark
his presence before concerned Police Station 1st day of
every calender month between 11:00 AM and 2:00 PM till the trial
commences.
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.
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.
Rule
is made absolute to the aforesaid extent. Direct service permitted.
(RAJESH
H.SHUKLA, J.)
/patil
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