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CR.MA/12224/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12224 of
2010
=========================================================
ABHAYDAN
JASHWANBHAI GADHAVI @ ABHAYBHAI JASHWANTBHAI GADHAV - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
HARESH N JOSHI for
Applicant(s) : 1,
MS MINI NAIR APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date : 27/10/2010
ORAL ORDER
The
present application has been filed by the applicant for grant of
regular bail under section 439 of Code of Criminal Procedure, 1973,
after the charge sheet is filed.
The
applicant is charged with having committed offence sections 306,
498-A and 114 of Indian Penal Code for which F.I.R. being
I-C.R.No.308 of 2010 has been registered with Junagadh ‘B’ Division
Police Station.
Learned
advocate Mr.Joshi for the applicant accused referred to the First
Information Report and other papers and submitted that it would not
attract provisions of section 306. In support of his submission, he
referred to and relied upon judgment rendered by the Hon’ble Apex
Court reported in 2010 (0) GLHEL-SC 47851, more
particularly Para-13.
Learned
APP Ms.Mini Nair resisted the application.
Having
heard Mr.Joshi, learned advocate for the applicant and Ms.Mini Nair,
learned APP for State and having considered the papers and
considering the nature of offence, role attributed and also
observations made by the Hon’ble Apex Court in judgment referred to
by learned Advocate Mr.Joshi for the applicant, 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.308 of 2010
registered with Junagadh ‘B’ Division Police Station on his
executing 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 the investigating officers.
(e) mark
his presence before concerned Police Station on every 1st
Monday of English calender month 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.
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.)
Amit
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