Gujarat High Court Case Information System
Print
CR.MA/10102/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10102 of 2010
=========================================================
DHOBI
DHAVALKUMAR RAJUBHAI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MS
MARIYA DALAL FOR MR YATIN SONI for Applicant(s) : 1,MR HITESH B PATEL
for Applicant(s) : 1,
MR M.R.MENGDEY, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 07/09/2010
ORAL
ORDER
Present
application has been filed by the applicants-accused for grant of
regular bail under Section 439 of Criminal Procedure Code before
filing of the charge-sheet.
Applicants-accused
are charged with having committed offences under Sections 323, 354,
365, 504, 506(2), 511 and 114 of Indian Penal Code and Section 135
of Bombay Police Act for which FIR being C.R.No.I-191 of 2010
registered with Patan City Police Station, Patan.
Learned
advocate Ms. Mariya Dalal referred to the papers and submitted that
it was an affair and due to some misunderstanding, the complaint has
been filed. However, she submitted that considering the fact that
the applicants are also young and the incident has occurred due to
affair, present application may be allowed.
Learned
APP Mr. Mengdey, resisted the application and submitted that now
charge-sheet has been filed.
Having
heard learned advocate, Ms. Mariya Dalal and learned APP,
Mr.M.R.Mengdey, and considering the nature of offence and manner in
which, it is alleged to have been committed and also considering
other attending circumstances as well as the fact that now
charge-sheet has been filed, present application deserves to be
allowed.
Accordingly,
present application stands allowed. The applicants, Dhobi
Dhavalkumar Rajubhai and Jashpal @ Jashpalsinh @ Jashpalsingh
Balvirsinh @ Balvantsingh Barar, are ordered to be released on
regular bail in connection with I-C.R.No.191/2010 registered with
Patan City Police Station, Patan on their executing a bond of
Rs.5,000/- (Rupees Five Thousand) each with one solvent surety of
the 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
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
their presence before concerned Police Station on 1st
Monday of every month between 11.00 AM to 2.00 PM till the
charge-sheet is filed.
(f) furnish
the address of their residence to the Investigating Officer and also
to the Court at the time of execution of the bond and shall not
change their residence without prior permission of the Court.
(g) surrender
their 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. Direct service permitted.
(RAJESH
H.SHUKLA, J.)
(ashish)
Top