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CR.MA/6767/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6767 of 2010
=========================================
JAGDISHBHAI
UKABHAI PARMAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR
NIGAM R SHUKLA for Applicant(s) : 1,
MR UA TRIVEDI ADDITIONAL
PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 15/07/2010
ORAL
ORDER
RULE. Mr.
Trivedi, learned APP waives service of Rule on behalf of the
respondent State.
This
application is filed by the applicant under Section 439 of the
Criminal Procedure Code, 1973 for releasing him on regular bail in
connection with the offences registered with Kheda Town Police
Station being CR No.I-31 of 2010 for the offences punishable under
Sections 498(C) and 306 of the Indian Penal Code.
Mr. Shukla,
learned counsel for the applicant, has submitted that the applicant
is innocent person and is falsely involved in this case. He also
submitted that the marriage life is only of five years and from the
dying declaration, the cause of the incident is only and only quarrel
took place between the wife and applicant. The applicant is serving
in the factory as a Boiler Assistant and his time of service is early
morning and therefore, the deceased was not cooperating the applicant
by not preparing the meal to carry his tiffin nor she was attending
any morning chores. Therefore, the dispute arose between them and the
deceased wife committed suicide. Learned advocate submitted that this
type of quarrel is everywhere and due to such kind of
quarrel/dispute, the applicant may not be involved in the commission
of the offence and therefore, the applicant may kindly be enlarged
on bail.
As against
this, Mr.Trivedi, learned Additional Public Prosecutor, has strongly
opposed the present application and read the order passed by the
trial Court and submitted that the application may be rejected.
I have gone
through the order passed by the trial Court as well as papers
produced on record of the case. Looking to the allegations levelled
against the applicant, applicant is required to be released on
regular bail.
Learned
advocates for the parties do not press for reasoned order.
Considering
the submissions made on behalf of the parties and having regard to
the facts and circumstances of the case, the application is allowed
and applicant is ordered to be released on bail in connection with CR
No. I- 31 of 2010 registered with Kheda Town Police Station for the
offences alleged against him in this application, on his executing
bond of Rs.10,000/- (Rupees Ten Thousand Only) with one solvent
surety of the like amount to the satisfaction of the lower Court and
subject to the conditions that he shall,
(i) not take
undue advantage of his liberty or abuse liberty;
(ii) not act in
a manner injurious to the prosecution;
(iii) not
leave the local limits of State of Gujarat without the prior
permission of the concerned Sessions Judge;
(iv) Surrender
his passport, if any, to the lower Court within a week;
The Authority
will release the applicant only if he is not required in connection
with any other offence for the time being.
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.
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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