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R/CR.MA/7051/2011
ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No 7051 of 2011
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DIWAN
AEHMADSHA HASANSHA & 2....Applicant(s)
Versus
THRO'
PP....Respondent(s)
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Appearance:
MR
YJ PATEL as ADVOCATE for the Applicant(s) No. 1
MR
JK SHAH APP for the RESPONDENT(s) No. 1
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CORAM:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 08/06/2011
ORAL
ORDER
1. Rule.
Learned APP, Mr.J.K.Shah, waives service of notice of rule on behalf
of State.
2. This
is an application under Section 439 of Criminal Procedure Code
praying for regular bail in connection with offence registered with
Karjan Police Station, District – Vadodara, vide C.R.No.II-51 of 2011
for the offences punishable under Sections 306, 498-A, 504 read with
114 of IPC.
3. Following
aspects are taken into consideration:
i) The
accused-applicants are distant relatives of the in-laws of the
deceased;
(ii) Admittedly,
they are residing separately at village Palej, whereas the deceased
was residing with her husband at Vadodara.
iii) The
allegations levelled in the FIR, prima facie, do not constitute any
offence of abetting the commission of suicide;
(iv) The
investigation is over. Charge-sheet is filed.
4. Under
the circumstances, I am persuaded to exercise my discretion in
favour of the accused-applicants. Under the circumstances,
accused-applicants are ordered to be enlarged on regular bail in
connection with offence registered with Karjan Police Station, vide
C.R.No.II-51 of 2011 on their executing a bond in the sum of
Rs.15,000/- each (Rupees fifteen thousand only) with one surety of
the like amount to the satisfaction of the lower Court and subject to
the conditions that they shall:
(1)
not take undue advantage of their liberty or abuse their liberty;
(2)
not act in a manner injurious to the interest of the prosecution;
(3) maintain
law and order;
(4) accused-applicant
Nos.1 and 3 mark their presence before the concerned Police Station
once in a month on 4th Sunday of the month between 10:00
am to 2:00 pm;
(5)
not leave the State of Gujarat without prior permission of the
Sessions Court concerned;
(6)
furnish the address of their residence at the time of execution of
the bond and shall not change the residence without prior permission
of this Court;
(7)
surrender their passport, if any, to the Lower Court immediately.
5. It
goes without saying that any observations touching the merits of the
case is purely for the purpose of deciding the question of grant of
bail and shall not be construed as an expression of the final opinion
in the main matter.
6. If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
7. Bail
before the Lower Court having jurisdiction to try the case.
8. Rule
is made absolute. Application is disposed of accordingly. Direct
service is permitted.
(J.B.PARDIWALA,
J.)
(vipul)
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