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CR.MA/818420/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8184 of 2008
=========================================================
DHULABHAI
ARJANBHAI PARMAR(THAKOR)
Versus
STATE
OF GUJARAT
=========================================================
Appearance :
MR
RJ GOSWAMI for Applicant.
MR HL JANI, ADDL. PUBLIC PROSECUTOR for
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 25/07/2008
ORAL
ORDER
RULE. Mr. HL
Jani, learned Additional Public Prosecutor waives service of rule on
behalf of the respondent. At the request of the learned counsel
appearing for the parties, this application is taken up for hearing
today.
This application
is filed under section 439 of the Code of Criminal Procedure in
connection with First Information Report registered as C.R. No. I
32 of 2008 registered before Bayad Police Station, Dist. Sabarkantha
for the offence punishable under section 306 and 498.A of the Indian
Penal Code.
Learned advocate
representing the petitioner, placing reliance on the FIR produced
along with the petition, submitted that considering the FIR, the
provisions of section 498.A as well as section 306 of the Indian
Penal Code cannot be attracted. The petitioner only had a dispute
with his wife with regard to preparation of food and save and except
the aforesaid dispute, there is no allegation of the petitioner
having inflicted any mental or physical torture on the victim, and,
therefore, the prayer for regular bail is required to be granted.
On the other
hand, Mr. Jani, learned Additional Public Prosecutor submitted that
considering the role attributed to the petitioner and the nature of
offence in which the petitioner is involved, the application for bail
requires to be rejected.
Having considered
the rival submission and on perusal of the averments made in the
petition, FIR produced at Annexure ‘A’ to the petition and the order
passed by the learned Additional Sessions Judge, 3rd Fast
Track Court, Modasa in Criminal Misc. Application No. 549 of 2008,
the petitioner has been booked for offence punishable under section
306 and 498.A of the Indian Penal Code. The allegation against the
petitioner is only that of having a dispute with his wife regarding
preparation of food. Considering the role attributed to the
petitioner, I am of the view that the the petitioner is required to
be enlarged on regular bail at this stage, without entering into the
merits of the case and without discussing the evidence in detail.
The parties do
not press for further reasoned order.
In the facts and
circumstances of the case, the application is allowed and the
applicant is ordered to be enlarged on bail in connection with I
32 of 2008 registered before Bayad Police Station, Dist. Sabarkantha
on executing a bond of Rs.5,000/- [Rupees five thousand only] with
one surety of the like amount to the satisfaction of the trial court
and subject to the conditions that he shall:
[a] not take undue
advantage of his liberty or abuse his liberty;
[b]. not act in a
manner injurious to the interest of the prosecution;
[c]. surrender his
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]. mark his
presence at Bayad Police Station on any day of every first week of
English calendar month between 9.00 AM and 2.00 PM. till the trial is
over;
[f]. furnish the
present address of his residence to the I.O. and also to the Court at
the time of execution of the bond and shall not change his residence
without prior permission of this Court;
[g]. maintain law
and order.
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.
Bail bond to be
executed before the lower Court having jurisdiction to try the case.
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.
Rule is made
absolute to the aforesaid extent.
Direct Service is
permitted.
mathew [H.B.ANTANI,
J.]
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