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CR.MA/2006/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2006 of 2011
=========================================================
GANDALAL
PUNJARAM PRAJAPATI & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
SALIM M SAIYED for
Applicant(s) : 1 - 2.
MR AJ DESAI, ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 24/02/2011
ORAL
ORDER
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with First Information Report registered as
I-C.R. No.370/2010 with Naroda Police Station, Ahmedabad for the
offences punishable under Sections 306, 498(A) and 114 of Indian
Penal Code.
Heard
learned APP Mr. AJ Desai for the respondent-State and learned
Advocate Mr. Maulin Barot for the complainant,
Having
heard learned Counsel for the parties and perusing the record of the
case and taking into consideration the facts of the case, nature of
allegations, role attributed to the applicants and considering that
the charge-sheet is filed, applicants, who are the in-laws and
nature of allegations and that they have to maintain two children of
the deceased, I am inclined to enlarge the applicants on bail by
imposing suitable conditions.
Learned
Counsels for the parties do not press for further reasoned order.
In
the facts and circumstances of the case, the application is allowed
and the applicants are ordered to be released on bail in connection
with First Information Report registered as I-C.R. No.370/2010 with
Naroda Police Station, Ahmedabad on executing a bond of Rs.5,000/-
(Rupees Five Thousand Only) each with one surety of the like amount
to the satisfaction of the Trial Court and subject to the conditions
that they shall;
a)
not take undue advantage of liberty or misuse liberty;
b)
not act in a manner injurious to the interest of the prosecution;
c)
surrender passport, if any, to the lower court within a week;
d)
not leave the State of Gujarat without prior permission of the
Sessions Judge concerned;
e)
mark presence at the concerned Police Station on the first Sunday of
every month between 10.00 a.m. and 3.00 p.m. for three months only;
f)
furnish the present address of their residence to the Investigating
Officer 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;
The
authorities will release the applicants only if not required in
connection with any other offence for the time being.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or 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 applicants on bail.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
Sd/-
(Anant
S. Dave, J.)
Caroline
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