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CR.MA/12665/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12665 of 2008
=========================================================
BHIKHABHAI
HIRABHAI KACHA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
HRIDAY BUCH for
Applicant(s) : 1,
Mr SP Hasurkar, Addl.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 17/10/2008
ORAL
ORDER
1. Rule.
Mr. S.P. Hasurkar, learned APP waives service of notice of Rule on
behalf of the respondent-State.
2. The
petitioner, who has been arrested in connection with CR No.II-3052 of
2008 by Vanthali police station for the offences punishable under
sections 498-A and 306 of IPC, has preferred this application
seeking his release on bail.
3. It
is submitted by the learned advocate for the petitioner that the
incident in question took place after 25 years of married life.
6. Taking
into consideration the gravity of the incident in question, this
application deserves to be allowed. Accordingly, this application is
allowed. The applicant is ordered to be released on bail in
connection with CR No.II-3052 of 2008 by Vanthali police station for
the offences alleged against him in this petition on his executing a
personal bond of Rs. 5,000/- (Rupees five thousand only) with one
surety of the like amount to the satisfaction of the lower court and
subject to the following conditions that he shall:
(a) Not
take undue advantage of his liberty or misuse his liberty;
(b) not
to act in a manner injurious to the interest of the prosecution.
[c] maintain
law and order
(d) mark
his presence before Vanthali police station on every 1st
and 15th of English calendar month between 9 am and 2
p.m.
(e) not
to leave State of Gujarat without prior permission of the
court/Sessions Judge concerned.
(f) surrender
his passport, if any, to the lower court within a week;
(g)
furnish the address of his residence to the I.O.
and also to the court, at the time of execution of the bond and
shall not change his residence without prior permission of this
court;
(iv)
Not to leave India without prior permission of the court;
5. If
breach of any of the above condition is committed, the Sessions Judge
concerned will be free to issue warrant or take appropriate action in
the matter.
6. Bail
before the lower court having jurisdiction to try the case.
Rule
is made absolute. Direct service is permitted.
[M.D.
SHAH, J.]
msp
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