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CR.MA/8051/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8051 of 2010
=========================================================
GITABEN
@ GODAVRIBEN W/O BHAISINGBHAI RAJABHAI DAVERA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
FB BRAHMBHATT for
Applicant(s) : 1,
MR HL JANI ADDITIONAL PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 29/07/2010
ORAL
ORDER
This
petition is filed under section 439 of the Code of Criminal Procedure
by the applicant who has been arrested in connection with CR No. I –
49 of 2010 filed before the Gondal City Police Station, for the
offence punishable under sections 306, 498-A and 114 of the Indian
Penal Code.
Having
heard the rival submissions of learned advocates and having
considered the role attributed to the applicants as reflected in the
FIR at Annexure ‘A’, the quantum of punishment, gravity of offence ,
I am of the opinion that 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
CR No. I 49 of 2010 filed before the Gaondal City 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.)
ynvyas
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