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CR.MA/1163420/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11634 of 2008
=========================================================
KHER
BAKORJI SHIVAJI & ANOTHER
Versus
STATE
OF GUJARAT
=========================================================
Appearance :
MR
RJ GOSWAMI for Applicants.
MS ML SHAH, ADDL. PUBLIC PROSECUTOR for
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 12/09/2008
ORAL
ORDER
RULE. Ms. M.L.
Shah, 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 petition is taken up for hearing
today.
This petition is
filed under section 439 of the Code of Criminal Procedure in
connection with First Information Report registered as C.R. No. I
163 of 2008 before Kalol Taluka Police Station, Dist. Gandhinagar for
the offences punishable under sections 306, 304.B, 498.A and 114 of
the Indian Penal Code and sections 3 and 7 of the Dowry Prohibition
Act.
Learned advocate
representing the petitioner submitted that the petitioners are
falsely implicated in the commission of offence and they are
innocent. He further submitted that considering the role attributed
to the petitioners which is reflected in the FIR at Annexure ‘A’, it
is a fit case to enlarge the petitioners on bail.
On the other
hand, learned Additional Public Prosecutor representing the State
submitted that considering the role attributed to the petitioners and
the manner in which the offence is committed by the petitioner, no
discretionary relief is required to be given to the petitioners and
the petition deserves to be dismissed.
Heard learned
advocate Mr. Goswami for the petitioners and Ms. M.L. Shah, learned
APP at length and in great detail. I have also perused the averments
made in the petition as well as the FIR produced on record the
petition. The petitioners are booked for offences punishable under
sections 306, 304.B, 498.A and 114 of the Indian Penal Code and
sections 3 and 7 of the Dowry Prohibition Act. Charge sheet is filed.
Considering the role alleged against the petitioners, I am of the
view that the the petitioners are 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 petition is allowed and the
petitioners are ordered to be enlarged on bail in connection with
C.R. No. I 163 of 2008 before Kalol Taluka Police Station, Dist.
Gandhinagar on executing a bond of Rs.10,000/- each [Rupees ten
thousand only] with one surety each of the like amount to the
satisfaction of the trial court and subject to the conditions that
they 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]. surrender
their 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 their
presence at Kalol Taluka 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 their residence to the I.O. and also to the Court
at the time of execution of the bond and shall not change their
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 petitioners on bail.
Rule is made
absolute to the aforesaid extent.
Direct Service is
permitted.
mathew [H.B.ANTANI,
J.]
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