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CR.MA/9382/2010 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9382 of 2010
======================================
DHARMENDRASINH
@ DHIRAJ @ DHAMO CHANDRASINH SOLANKI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance
:
MR SUNIL S JOSHI for
Applicant(s) : 1,
MR AJ DESAI APP for Respondent(s) :
1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 23/08/2010
ORAL ORDER
This
application is filed under section 439 of the Code of Criminal
Procedure by the applicant who has been arrested in connection with
I-CR No. 55 of 2010 filed before Kalol Town Police Station for the
offence punishable under sections 498(A), 323 and 306 of Indian
Penal Code.
Heard
learned counsel Mr.Sunil Joshi for the applicant. He has contended
that looking to the papers produced it is clearly established that
there is no prima facie case
made out against the applicant and the applicant is wrongly
implicated in the alleged commission of offence. He has further
submitted that it is also observed by the learned trial judge that
marriage span was of 15 years and at the time of incident applicant
was jobless and therefore some domestic quarrel took place between
the husband i.e. the applicant and the deceased wife. He has
submitted that looking to
the papers and the role of the applicant, there is no prima
facie case against the
applicant and therefore the applicant may be enlarged on bail.
Learned
APP Mr.A.J.Desai while representing the case has vehemently opposed
the application and submitted that there is some evidence against
the applicant.
Having
heard the rival submissions of learned advocates, observations made
by the learned trial judge and having considered the observation
made by Hon’ble Supreme Court that Court should not consider the
case like a Woolf but should consider the case like watch Dog, I am
of the view that looking to the role attributed to the applicants as
reflected in the FIR at Annexure ‘A’ which is filed after 10 days of
the incident, the quantum of punishment, gravity of offence, this is
a fit case to grant the regular bail to the applicant. In view of
the above, the applicant is required to be enlarged on regular bail
at this stage on stringent conditions, without entering into the
merits of the case and without discussing the evidence in detail.
The
parties do not press for further reasoned order.
In
the facts and circumstances of the case, the petition is allowed and
the applicant is ordered to be enlarged on bail in connection with
I-CR No.55 of 2010 filed before Kalol Town Police Station on his
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 he shall:
[a] not
take undue advantage of his liberty or abuse his liberty;
[b]. not
act in a manner injurious to the interest of the prosecution;
[c]. surrender
his 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 his residence to the I.O. and also to the
Court at the time of execution of the bond and shall not change their
residence without prior permission of this Court;
[f]. maintain
law and order.
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.
Bail
bond to be executed before the lower Court having jurisdiction to
try the case.
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.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(Z.K.SAIYED,J.)
Amit/-
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