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CR.MA/3354/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3354 of 2011
=========================================
PATEL
VIPULKUMAR SOMABHAI & OTHERS
Versus
STATE
OF GUJARAT
=========================================
Appearance :
MR.DIPAK
B PATEL for Applicants
MR AJ DESAI, APP the for Respondent
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 16/03/2011
ORAL
ORDER
Rule.
Mr Desai, learned APP waives service of notice of Rule on behalf of
the State.
At
the outset, learned advocate Mr D.B.Patel appearing for the accused
does not press this application for applicant No.1-husband of the
deceased. Rule stands discharged qua applicant No.1.
So
far as applicants Nos.2 and 3 are concerned, they pray for regular
bail in connection with the offences registered with Unjha Police
Station vide C.R.No.I 33 of 2011 for the offences punishable under
Sections 306, 498A and 114 of the IPC read with Sections 3 and 7 of
the Dowry Prohibition Act, 1961.
I
have heard learned advocate Mr D.B.Patel for the applicants and Mr
Ashish J Desai, learned Additional Public Prosecutor for the
respondent – State.
In
the facts and circumstances of the case, I am persuaded to exercise
my discretion in favour of the accused – applicants Nos.2 and 3
taking into consideration the following aspects:-
Accused
Nos.2 and 3 are the brothers-in-law of the deceased. They are no way
concerned directly with the allegations levelled in the FIR. Prima
facie, from the cause title of the complaint itself it is evident
that accused – applicant No.2 and accused applicant No.3 are
residing separately whereas deceased and her husband –
applicant No.1, for whom the application has not been pressed, were
residing at village Sunok. In that view of the matter, I order
release of the accused applicants Nos.2 and 3 – Patel
Satishkumar Somabhai and Patel Bharatkumar Somabhai respectively on
regular bail in
connection with offence registered with Unjha Police Station, being
Crime Register No.I-33 of 2011 on each of them executing a bond in
the sum of Rs.10,000/- (Rupees ten thousand only) with one 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 or misuse liberty;
[b] maintain
law and order and should co-operate with the investigating officer;
[c] not
act in a manner injurious to the interest of the prosecution;
[d] surrender
his passport, if any, to the lower court
within a week;
[e] not leave
the local limits of the State of Gujarat without prior permission of
the Sessions Judge concerned;
[f] furnish the
address of his residence at the time of execution of the bond and
shall not change the residence without prior permission of this
Court.
The
authorities will release the applicants only if they are not required
in connection with any other offence for the time being.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant
or take appropriate action in the matter.
Bail
bond to be executed before the lower court having jurisdiction to try
the case. This application is allowed.
Rule
is made absolute qua applicants Nos.2 and 3. D.S. Permitted.
(J.B.Pardiwala,
J.)
*mohd
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