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CR.MA/6447/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6447 of 2010
=========================================================
SHAYERA
FEJ MOHMMED QURESHI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MS
ARCHANA R ACHARYA for
Applicant(s) : 1,
Mr Devang Vyas, Addl.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 08/07/2010
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
I-CR No.70 of 2010 registered at Palanpur Police Station for the
offence punishable under Sections 498 (A), 304(B), 306 and 34 of
the Indian Penal Code.
2. I
have heard the learned Advocate for the applicant and the learned APP
at length and in great detail. Having considered the rival
submissions made by the learned Advocates for the parties, the role
attributed to the applicant as reflected in the FIR, police papers,
statements of witnesses, quantum of punishment, gravity of the
offences and the manner in which the alleged offences are committed
by the applicant, the application deserves to be allowed and the
applicant is ordered to be enlarged on bail in connection with
aforesaid offences 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 she shall:
[a] not
take undue advantage of her liberty or abuse her liberty;
[b] not
act in a manner injurious to the interest of the prosecution;
[c] surrender
her 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] furnish
the present address of her residence to the I.O. and also to the
Court at the time of execution of the bond and shall not change her
residence without prior permission of this Court;
[g] maintain
law and order.
3. 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.
4. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
5. 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.
6. Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
[H.B.ANTANI,
J.]
msp
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