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CR.MA/14078/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14078 of 2010
=========================================================
BHIKABHAI
MANIBHAI PRAJAPATI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MS
SANDHYA D NATANI for
Applicant(s) : 1 - 2.
Mr Kartik Pandya, Addl.PUBLIC PROSECUTOR for
Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 01/12/2010
ORAL
ORDER
1. This
application is preferred by the accused-applicants against whom
offences have been registered under sections 306 and 114 of IPC on
6.10.2010 before Naroda Police Station being CR.I- No.12 of 2001.
2. The
applicants who preferred bail applications earlier on 2.8.2010
before this court by filing Criminal Misc. Application No. 8126/2010
came to be withdrawn. Subsequently, as per order dated 17.9.2010
passed in Criminal Misc. Application No.10429 of 2010, the applicants
were granted temporary bail on the ground that father of the
applicants was hospitalised and the above period of 15 days was over
and the applicants surrendered in time.
3. Learned
Advocate for the applicants submits that now the marriage of two
daughters of applicant No.1 is scheduled on 12.12.2010 at his native
place at Deusana, Taluka Kadi, District Mehsana and, therefore, both
the applicants be granted temporary bail for a period of 30 days. It
is further submitted that the factum about the marriage of the
daughters of applicant No.1 is verified by the office of the
Superintendent of Police, Mehsana and it is reported that there is
no likelihood of disturbance of any law and order but if the
applicants are granted temporary bail, who are involved in a serious
crime, no recommendation has been made to grant any temporary bail.
4. It
is to be taken note that the District Superintendent of Police,
Mehsana has verified the factum of the marriage of the applicants’
daughters – Asha and Rekha scheduled on 12.12.2010 at their
native place. However, it is further opined that there is no
likelihood of breach of public order or tranquility if they are
given temporary bail but considering the gravity of offence, they
may not be granted temporary bail.
5. However,
considering the the above, I am of the opinion that when the
marriage of the daughters is scheduled on 12.12.2010 along with other
ceremonies attached with and there is no likelihood of breach of
public order or tranquility, I am inclined to grant them temporary
bail for a period from 07th December to 14th December, 2010. The
applicants are ordered to be enlarged on temporary bail for the
above period on their executing personal bond in the sum of Rs.
2,000/- each to the satisfaction of the jail authority and on usual
terms and conditions. On completion of the bail period, they shall
surrender to the jail authority in time. Rule is made absolute
accordingly.
[ANANT
S. DAVE, J.]
msp
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