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CR.MA/11292/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11292 of 2010
=========================================
INUSHBHAI
RAHIMBHAI PATHAN - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR HARDIK S
SONI for
Applicant(s) : 1,
MR MG NANAVATI, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 07/10/2010
ORAL
ORDER
1. The present
application has been filed by the applicants for grant of regular
bail under sec. 439 of the Code of Criminal Procedure after the
charge sheet is filed.
2. The applicant-accused
is charged with having committed offences under sections 498A, 306,
504, 323 of IPC for which FIR, being C.R. No. I-38/2010, has been
registered with Rajula Police Station.
3. Learned advocate Mr.
Hardik Soni referred to the FIR and submitted that the span of
married life is about 15 years and there are six children. He further
submitted that the allegations are of a general nature and therefore
the present application may be allowed as the charge sheet has now
been filed.
4. Learned APP Mr.
Nanavati resisted the application and submitted that the previous
incidents are regarding trivial matters, but the allegations with
regard to infidelity and the doubt about the character have led to
the incident. He therefore submitted that the present application may
not be entertained.
5. Having
heard learned advocate Mr. Soni and learned APP Mr. Nanavati and
having considered the nature of offence, the manner in which the
offence is alleged to have been committed, the role attributed and
also considering the fact that charge sheet has now been filed, the
present application deserves to be allowed.
6. The application is
accordingly allowed. The applicant is ordered to be released on bail
in connection with C.R. No. I-38/2010 registered with Rajula Police
Station, on his executing a personal bond of Rs. 5,000/- (Rupees
Five Thousand only) with one solvent surety for the like amount to
the satisfaction of the lower court and subject to the further
conditions that he shall :
(a) not take undue
advantage of his liberty or abuse his liberty.
(b) not to try to tamper
or pressurize the prosecution witnesses or complainant in any manner;
(c ) not act in any
manner injurious to the interests of the prosecution.
(d) maintain law and
order and should co-operate with the investigating officers;
(e) mark his presence
before the concerned Police Station on the first Monday of every
calendar month between 11.00 am to 2.00 pm till the trial commences.
(f) furnish the address
of his residence to the investigating officer and also to the court
at the time of execution of the bond and shall not change his
residence without prior permission of the court.
(g) surrender his
passport, if any, to the lower court, within a week.
7. If breach of any of
the above conditions is committed, the concerned Sessions Judge will
be free to issue warrant or take appropriate action in the matter.
8. Bail before the lower
court having jurisdiction to try the case. It would be open to the
trial court concerned to give time to furnish the solvency
certificate, if prayed for.
Rule is made absolute.
D.S. permitted.
(Rajesh H.
Shukla, J.)
(hn)
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