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CR.MA/13881/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13881 of 2010
======================================
JASIBEN
GALABHAI DAMOR & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance :
MR
ASHISH M DAGLI for Applicants
Mr.
L.R. Poojari, Additional Public Prosecutor, for respondent
No.1
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 01/12/2010
ORAL
ORDER
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
C.R.No.I-63 of 2010 with Bakor police station for the offences
punishable under Sections 498-A, 306 and 114 of the Indian Penal
Code.
Heard
learned counsel for the parties and perused the record.
Learned
counsel for the applicants submits that considering the nature of
allegations and in view of the fact that the applicant No.1 is mother
in law and applicant No.2 is sister in law who stay in different
Districts and the investigation is on the verge of completion, this
application for bail may kindly be considered.
The
learned Additional Public Prosecutor has opposed grant of bail
looking to the nature and gravity of offence.
In
the facts and circumstances of the case andconsidering the nature of
allegations and in view of the fact that the applicant No.1 is mother
in law and applicant No.2 is sister in law who stay in different
Districts and the investigation is on the verge of completion,
without discussing the evidence in detail, prima facie, this Court is
of the opinion that this is a fit case to exercise the discretion to
enlarge the applicants on bail.
The
parties do not press for further reasoned order.
In
the facts and circumstances of the case, the application is allowed
and the applicants are ordered to be released on bail in connection
with first information report registered at C.R.No.I-63 of 2010
with Bakor police station on their executing a bond of Rs.5,000/-
(Rupees five thousand only) each with one surety of the like amount
to the satisfaction of the trial court and subject to the conditions
that they shall
i. not
take undue advantage of their liberty or misuse their liberty;
not
act in a manner injuries to the interest of the prosecution;
surrender
their passports, if any, to the lower court within a week;
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
mark
their presence at the concerned police station on the first Sunday
of every month between 10 a.m. And 3 p.m for three months only.
furnish
the present address of their residence to the I.O. and also to the
Court at the time of execution of the bond and shall not change the
residence without prior permission of this Court;
The
Authorities will release the applicants only if they are not required
in connection with any other offence for the time being.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned 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 applicants on bail.
Rule
is made absolute to the aforesaid extent. D.S. Permitted.
(Anant
S. Dave, J.)
(swamy)
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