Gujarat High Court Case Information System
Print
CR.MA/12702/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12702 of 2010
=======================================================
ARJUNSHINH
BHIKHUSHINH PARMAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=======================================================
Appearance :
MR
BHAVIK PANDYA for SHRIKAR
H BHATT for Applicant(s) : 1,
MS ML SHAH APP for Respondent(s) :
1,
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 28/10/2010
ORAL
ORDER
The
present application has been filed by the applicant-accused under
Section 439 of Criminal Procedure Code for regular bail after filing
of the chargesheet.
The
applicant-accused is charged with having committed offences
under Sections 498(A) and 306 of the Indian Penal Code, for which,
FIR being I-C.R.No.154/2010 has been lodged at Himmatnagar Town
Police Station, Himmatnagar, District : Sabarkantha.
Learned
counsel, Mr.Bhavik Pandya for learned counsel, Mr.Shrikar Bhatt for
the applicant submitted that the allegations are of general nature
and the deceased had committed suicide at her parental home and,
therefore, the provisions of Section 306 of the Indian Penal Code
would not be attracted. He further submitted that as the chargesheet
has been filed, the present application may be allowed.
Learned
A.P.P., Ms.Shah resisted the present application and submitted that
she had earlier married and, thereafter, it is her second marriage.
She submitted that cause of suicide is that her character is
doubted.
Having
heard learned counsel appearing for the applicant-accused and
learned A.P.P. for the State and having considered the nature of
offence, manner in which it is alleged to have been committed, role
attributed and also the fact that the chargesheet has been filed,
the present application deserves to be allowed.
Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with I-C.R.No.154/2010
registered with Himmatnagar Town Police Station, Himmatnagar,
District : Sabarkantha on his executing a bond of Rs.5,000/- (Rupees
Five Thousand Only) with one solvent surety of the like amount to
the satisfaction of the lower Court and subject to the conditions
that he shall:
(a) not
take undue advantage of his liberty or abuse his 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) furnish
the address of his residence to the Investigating Officer and also to
the Court at the time of execution of the bond and shall not change
his residence without prior permission of the Court.
(f) surrender
his passport, if any, to the lower Court, within a week.
(g) mark
his presence before concerned Police Station 1st day of
every calender month between 11:00 AM and 2:00 PM till the trial
commences.
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 to the aforesaid extent. Direct service permitted.
(RAJESH
H.SHUKLA, J.)
/patil
Top