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CR.MA/7896/2008 5/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7896 of 2008
=========================================================
BANUBEN
W/O KARIMBHAI CHAUHAN - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
HARSHIT S TOLIA for Applicant(s) : 1,MR PARTH S
TOLIA for Applicant(s) : 1,
MR KT DAVE, ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 21/07/2008
ORAL
ORDER
1. Rule.
Mr.K.T.Dave, learned APP, waives service of rule on behalf of the
respondent-State. In the facts and circumstances of the case, the
application is taken up for hearing today.
2. This
is an application preferred under Section 439 of Criminal Procedure
Code in connection with the CR No.I45/2008 registered with Palitana
Police Station for the offences punishable under Sections 498(A), 306
and 114 of Indian Penal Code. The learned advocate for the petitioner
submitted that considering the fact that the petitioner is aged and
has not played any role in the offence alleged against her, it is a
fit case to release her on regular bail. The learned advocate also
submitted that the petitioner would abide by the terms and conditions
imposed by this Court.
3. Learned
APP representing the State vehemently submitted that considering the
role attributed to the petitioner and the nature of offence and
involvement of other co-accused, the bail application deserves to be
rejected.
4. I
have considered the rival submissions and on perusal of the averments
made in the petition as well as FIR produced at Annexure-A to the
petition and considering the role attributed to the present
petitioner and the fact that she is aged about 65 years, it is a fit
case to grant bail to the petitioner.
5. In
view of the aforesaid facts and circumstances of the case and without
entering into the merits of the matter, I am inclined to exercise my
discretion in granting bail to the petitioner. Hence, the following
order.
6. The
parties do not press for further reasoned order.
7. 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 C.R. No.I-45/2008 of 2008 registered at Palitana Police Station
on executing a bond of Rs.10,000/- [Rupees ten thousand only] with
one surety of the like amount to the satisfaction of the trial court
and subject to the conditions that she shall:
[a] not
take undue advantage of her liberty or abuse her liberty;
[b]. not
act in a manner injurious to the interest of the prosecution;
[c]. surrender
her 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]. furnish
the present address of her residence to the I.O. and also to the
Court at the time of execution of the bond and shall not change her
residence without prior permission of this Court;
[f]. maintain
law and order.
8. 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.
9. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
10. 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.
11. Rule
is made absolute to the aforesaid extent.
12. Direct
Service is permitted.
[H.B.ANTANI,
J.]
ashish//
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