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CR.MA/7817/2010 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7817 of 2010
=========================================================
BHIKHIBEN
W/O.JAYANTIJI SAKRAJI THAKOR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
YV BRAHMBHATT for
Applicant(s) : 1,
MR HL JANI Ld. APP for Respondent(s) : 1,
MR
HARSHAD K PATEL for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 05/08/2010
ORAL
ORDER
1. Heard the learned advocate for the applicant and learned APP for the respondent-State.
2. This application is filed by the applicant under section 439 of Cr.P.C. for releasing her on regular bail in connection with the offence registered vide CR No. I-52/2010 at Kalol Taluka Police Station and in connection with Criminal Case No. 1794/2010 registered before the Ld.JMFC, Kalol, for the offence punishable under sec. 307, 323, 504 and 114 of IPC and sec. 135 of the BP Act and after the death of the deceased, offence under sec. 302 of IPC was added.
3. The learned advocate for the applicant has submitted that the applicant is falsely involved in this case. He read the order passed by the trial Court and prayed to release the applicant on regular bail. He has further submitted that this is a cross case and the accused of cross case are released on bail and injured witness has been discharged from the hospital.
4. As against this, learned APP Mr Jani has strongly opposed this application and read the order passed by the trial Court. However, he has fairly stated that the accused of cross-case have been released on bail.
5. I have gone through the order passed by the trial Court as well as the papers produced on record of the case. Looking to the allegations levelled against the applicant, I am inclined to release her on regular bail.
6. Learned advocates for the parties do not press for reasoned order.
7. Considering the submissions made on behalf of the parties and having regard to the facts and circumstances of the case, the application is allowed and applicant is ordered to be released on bail in connection with CR No. I-52/2010 registered at Kalol Taluka Police Station and in connection with Criminal Case No. 1794/2010 registered before the Ld. JMFC, Kalol, for the offences alleged against her in this application on her executing bond of Rs. 10,000/- (Rupees Ten Thousand only) with one solvent surety of the like amount to the satisfaction of the lower 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) not leave the local limits of State of Gujarat without the prior permission of the concerned Sessions Judge.
d) furnish the 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 the residence without prior permission of this Court;
f) surrender her Passport, if any, to the lower court within a week;
g) not enter into the local limits of village Saij, Tal. Kalol, Dist. Gandhinagar without prior permission of this court, but for attending the Court in connection with this case she will be free to enter the limits for a period to the extent necessary and will leave the limits immediately after the case is adjourned;
8. The authorities will release the applicant only if she is not required in connection with any other offence for the time being.
9. 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.
10. Bail bond to be executed before the lower Court having jurisdiction to try the case.
11. 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.
12. Rule is made absolute to the aforesaid extent. Direct service is permitted.
[ Z.K. SAIYED, J. ]
mandora/
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