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CR.MA/11741/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11741 of 2008
=========================================================
HETALBEN
KANTIBHAI MAKWANA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
LR PATHAN for
Applicant(s) : 1,
MR MR MENGDEY ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 26/09/2008
ORAL
ORDER
Rule. Mr.M.R. Mengdey,
learned Addl. Public Prosecutor for the State waives the service.
2. With the consent of the learned advocates appearing on behalf of
the respective parties, the matter is taken up for final hearing
today.
3. Present application is filed by the applicant ? original accused
No.3 under sec.439 of the Code of Criminal Procedure for releasing
her on bail in connection with the complaint being CR No.I-48 of 2008
for the offences registered with Songadh Police Station, Bhavnagar
District for the offences punishable under secs.498-A, 306, 201 read
with sec.34 of Indian Penal Code.
4. Mr.Pathan, learned advocate appearing on behalf of the applicant
has submitted that looking to the role attributed to the applicant in
the complaint and the case of the applicant is distinguishable from
other co-accused, more particularly Devkuvarben, mother of the
applicant and Rameshbhai Babubhai Makwana. It is also submitted that
there are general allegations of harassment against the applicant. It
is submitted that merely because the applicant is the daughter of
another co-accused Devkunvarben, the applicant has been arraigned as
an accused. Submitting accordingly, it is requested to consider the
case of the applicant.
5. Heard learned Advocate Mr.L.R. Pathan, for the applicant and
Mr.M.R. Mengdey, learned Addl. Public Prosecutor for the State.
6. Considering the role attributed to the applicant and considering
the fact that the case of the applicant is distinguishable from
other accused, the case of the applicant deserves to be considered
positively.
7. For the foregoing reasons, the application is allowed and the
applicant is ordered to be released on bail in connection with Crime
Register No.I-48 of 2008 registered with Songadh Police Station on
her executing a bond of
Rs.5,000/- (Rupees Five Thousand only) with one surety of the like
amount to the satisfaction of the lower Court and subject to the
conditions that she shall;
(a) not take undue advantage of her liberty or abuse her liberty:
(b) not act in a manner injurious to the interest of the prosecution:
(c) maintain law and order;
(d) not lave the State of Gujarat without the prior permission of the
Sessions Court concerned;
(e) furnish the address of her residence at the time of execution of
the bond and shall not change the residence without prior permission
of this Court;
(g) surrender her passport, if any, to the lower Court within a week.
8. 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.
9. Bail before the lower Court having jurisdiction to try the case.
10. Rule is made absolute. Direct Service is permitted.
(MR SHAH, J.)
rafik
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