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CR.MA/9639/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9639 of 2011
=========================================================
ARVINDBHAI
RAMJIBHAI BABARIYA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
LR PATHAN for
Applicant(s) : 1,
MS ML SHAH Ld. APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 18/07/2011
ORAL
ORDER
Learned
counsel appearing for the applicant submits that the dying
declaration on 3.6.2011 do not implicate the applicant- elder
brother-in-law of the deceased and even considering certain efforts
made by in-laws to mitigate burn injuries on the deceased and other
attending circumstances, by imposing suitable
conditions, the applicant may be enlarged on bail.
Heard
learned APP for the respondent – State.
Having
heard learned counsel for the parties and perusing the record of the
case and taking into consideration the facts of the case, nature of
allegations, role attributed to the accused and punishment
prescribed for the alleged offences, without discussing the
evidence in detail, at this stage, I am inclined to enlarge the
applicant on bail in connection with C.R.No.II-88/2011 of Palitana
Town City Police Station, for the offences punishable under
sections 306, 498(A) and 114 of Indian Penal Code, on furnishing
bond of Rs.10,000/- (Rupees ten thousand only) with one surety of
the like amount to the satisfaction of the lower Court and on
conditions that the applicant shall :
[a] not take
undue advantage of liberty or abuse liberty;
[b] not act in
a manner injurious to the interest of the prosecution;
[c] maintain
law and order;
[d] mark
presence before the concerned Police Station on every 1st
and 15th day of English Calender month between 11.00 a.m.
and 2 p.m for three months;
[e] not leave
the State of Gujarat without prior permission of the Sessions Judge
concerned;
[f] furnish the
address of residence at the time of execution of the bond and shall
not change the residence without prior permission of this Court;
[g] surrender
passport, if any, to the Lower Court immediately.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
At
the trial, the trial court shall not be influenced by the prima
facie observations made by this Court while enlarging the applicant
on bail.
Bail
before the Lower Court having jurisdiction to try the case.
Rule
is made absolute. Direct service is permitted.
[Anant
S. Dave, J.]
mandora/
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