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CR.MA/7499/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7499 of 2008
==========================================
SAIYED
AAJGARALI AHMEDALI AND OTHERS
Versus
STATE
OF GUJARAT
==========================================Appearance
:
MR ASHISH M
DAGLI for the Applicants
MR DIPEN DESAI, APP
for the Respondent
==========================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
Date
: 30/06/2008
ORAL
ORDER
1. RULE.
Mr. Dipen Desai, learned Additional Public Prosecutor waives service
of rule on behalf of the respondent State.
2. The
learned counsel for the applicants seeks permission to withdraw the
application qua applicant No. 1. Permission is granted. The
application is withdrawn qua applicant No. 1. Rule is discharged
qua applicant No.1.
3. This
application has been preferred for regular bail under Section 439 of
the Code of Criminal Procedure, 1973, in connection with the offence
registered with Bayad Police Station bearing I- C.R. No. 55 of 2008
for the offences punishable under Sections 498, 306, 114 of the
Indian Penal Code read with Sections 3 and 4 of Dowry Prohibition
Act.
4. Having
heard the learned counsel for both the sides and looking to the facts
and circumstances of the case, this application is allowed. The
applicant Nos. 2 and 3-original accused are ordered to be released
on bail in connection with the offence registered with Bayad Police
Station being I- C.R. No.55 of 2008 on their executing a bond of Rs.
5,000/- (Rupees five thousand only) each with one surety of like
amount to the satisfaction of the lower Court and subject to the
conditions that applicant Nos. 2 and 3 shall;
(a) not take undue
advantage of their liberty or abuse their liberty;
(b) not act in a manner
injurious to the interest of the prosecution;
(c ) maintain law and
order;
(d) applicant No.2
shall mark his presence before the concerned police station on every
first day of English Calendar month between 9.00 a.m. and 2.00 p.m.;
(e) not leave the State
of Gujarat without prior permission of the Sessions Court concerned;
(f) furnish the address
of their residence at the time of execution of the bond and shall not
change the residence without prior permission of this Court;
(g) surrender their
passport, if any, to the lower Court within a week.
5. 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.
6. Bail before the
lower Court having jurisdiction to try the case.
7. Rule is made
absolute qua applicant Nos. 2 and 3. Direct service is permitted.
(BHAGWATI
PRASAD, J.)
omkar
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