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CR.MA/9533/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9533 of 2010
=========================================================
DASHRATHBHAI
RANCHHODBHAI PATEL & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MS
ARCHANA R ACHARYA for
Applicant(s) : 1 - 2.
MR AJ DESAI, APP for Respondent(s) : 1 - MR
PRATIK BAROT for original
complainant,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 18/08/2010
ORAL
ORDER
Rule.
Learned APP waives service of Rule on behalf of the respondent
State. The present application is filed by the applicants under
Section 439 of the Code of Criminal Procedure, 1973, for enlarging
them on regular bail in connection with the offence being CR No. I
126 of 2010 registered with Unjha Police Station, for the offences
u/s. 498(A), 306 and 114 of I.P. Code.
After
some arguments, learned Advocate for the applicants seeks permission
to withdraw this application, in so far as applicant No.2
Kantaben Dashrathbhai Patel, with liberty to file fresh bail
application before the appropriate Court after the charge-sheet is
filed. Permission is granted. This application is dismissed as
withdrawn qua applicant No.2 Kantaben Dashrathbhai Patel.
So
far as applicant No.1 Dashrathbhai Ranchhodbhai Patel is
concerned, heard learned Advocate for the applicant and learned
A.P.P. for the respondent State and learned Advocate appearing
on behalf of the original complainant. I have also perused the
papers produced before me. Learned APP has vehemently opposed this
application. However, both the parties do not press for any reasoned
order.
Having
heard the learned Counsel for both the sides, and looking to the
facts and circumstances of the case and perusing the papers produced
before me, I am inclined to grant bail to the applicant No.1.
Considering
the above, this Application is allowed qua applicant No.1
Dashrathbhai Ranchhodbhai Patel. The applicant No.1 is ordered to
be released on bail in connection with CR No. I 126 of 2010
registered with Unjha Police Station, for the offences alleged
against him in this application on his executing a Bond of
Rs.10,000/- (Rupees ten thousand only) with one solvent surety of
the like amount to the satisfaction of the trial Court and subject
to the conditions that he shall –
a) not
take undue advantage of his liberty or abuse his liberty;
b) not
to try to tamper or pressurize the prosecution witnesses or
complainant in any manner;
c) maintain
law and order and shall cooperate the Investigating Officers;
d) not
act in a manner injurious to the interest of the prosecution;
e) not
leave the country without the prior permission of the concerned
Sessions Judge.
g) surrender
his passport, if any, to the lower Court within a week.
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.
Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
Rule
is discharged qua applicant No.2 Kantaben Dashrathbhai Patel and
Rule is made absolute qua applicant No.1 Dashrathbhai
Ranchhodbhai Patel. Direct service is permitted.
(Z.K.SAIYED,J.)
sas
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