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CR.MA/4766/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4766 of 2011
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GANESHBHAI
LALABHAI VANKAR & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance :
MR
MA KHARADI for Applicant(s) : 1 - 2.
MR AJ DESAI APP for
Respondent(s) : 1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 20/04/2011
ORAL
ORDER
Learned
counsel appearing for the applicants submits that investigation
is over and charge sheet is filed. It is further submitted
that the allegations levelled in the FIR against the
applicants are to the extent that the victim was mentally tortured
for not clearing C.P.Ed. examination and expenses incurred by the
applicants herein have gone in vain. It is further submitted that
the deceased had failed in C.P.Ed. even before marriage and the
applicant had no connection with that. It is further submitted that
the applicant have roots in the society, will not flee from justice
and by imposing suitable conditions, the applicants may be enlarged
on bail.
Heard
learned APP for the respondent – State.
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 accused and punishment
prescribed for the alleged offences coupled with the fact that
charge sheet is filed, without discussing the evidence in
detail, at this stage, I am inclined to enlarge the applicants on
bail in connection with C.R.No.I-223/2010 of Sahera Police Station
for the offences punishable under sections 306, 498-A & 114 of
the Indian Penal Code, on furnishing bond of Rs.10,000/- (Rupees
ten thousand only) each with one surety of the like amount to the
satisfaction of the lower Court and on conditions that the
applicants shall :
[a] not take
undue advantage of liberty or abuse liberty;
[b] not act in
a manner injurious to the interest of the prosecution;
[c] maintain
law and order;
[d] mark
presence before the concerned Police Station on every 1st
and 15th day of English Calender month between 11.00 a.m.
and 2 p.m .
[e] not leave
the State of Gujarat without prior permission of the Sessions Judge
concerned;
[f] furnish the
address of residence at the time of execution of the bond and shall
not change the residence without prior permission of this Court;
[g] surrender
passports, if any, to the Lower Court immediately.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
Bail
before the Lower Court having jurisdiction to try the case.
Rule
is made absolute. Direct service is permitted.
[Anant
S. Dave, J.]
*pvv
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