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CR.MA/5294/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5294 of 2011
=========================================================
BALUBEN
WD/O KISHORSINH LAXMANSINH SOLANKI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
UM SHASTRI for
Applicant(s) : 1,
MR JK SHAH APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 22/04/2011
ORAL
ORDER
Rule.
Learned APP waives service of rule.
Learned
counsel appearing for the applicant submits that the victim has
committed suicide due to disclosure of incident of previous day and
for the events which took place before the unfortunate incident and
beyond that nothing surfaces on record. IT is further submitted
that the above fact is reflected in the affidavit filed by the
Investigating Officer before the trial Court. It is further
submitted that the applicant has roots in the society,
will not flee from justice and 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.I-56/2011 of Godhra Taluka Police
Station for the offences punishable under sections 498(A), 306, 114
of the 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 .
[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.
Bail
before the Lower Court having jurisdiction to try the case.
Rule
is made absolute. Direct service is permitted.
[Anant
S. Dave, J.]
*pvv
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