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CR.MA/9842/2005 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9842 of 2005
==============================================================
JAYABEN
BALABHAI MARU & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
==============================================================
Appearance
:
MR
SHAKTISINH GOHIL for
Applicant(s) : 1 - 2.
MR KP RAVAL, APP for Respondent(s) :
1,
==================================================================
CORAM
:
HONOURABLE
MR.JUSTICE R.P.DHOLAKIA
Date
: 18/10/2005
ORAL
ORDER
Rule.
Mr.K.P.Raval, learned APP waives service for State.
Heard
learned counsel for the petitioners and learned APP for the State.
It
is mainly argued by learned counsel for the petitioners that the
petitioner No.1 is the mother-in-law and No.2 is the sister-in-law.
They are facing the offences punishable under Secs.498-A, 307 and
114 of IPC along with other accused. They were arrested in the month
of May, 2005. It is submitted that investigation is over and charge
sheet is filed. Taking me through the FIR and other documentary
evidence annexed with this petition, it is submitted that the
petitioners are staying separately. It is therefore requested that
the present petitioners may be released on bail.
Parties
do not insist for reasoned order. Keeping in mind the facts that
petitioner No.1 is the mother-in-law and petitioner No.2 is the
sister-in-law staying separately, investigation is over, charge
sheet is filed since long and also keeping in mind the exception
laid down in the judgment delivered by this Court
(Coram:M.S.Parikh,J, as was then) qua woman-accused reported in
1993(2)G.L.R. page 1148 in
the case of Ilaben Vs. State of Gujarat, the
petitioners are considered for releasing on bail.
This
petition is allowed and the petitioners are ordered to be released
on bail in connection with Palitana Police Station C.R.No.I-59 of
2005 for the offence alleged against them in this petition on their
executing bond of Rs.5,000/- (Rupees Five Thousand only) each with
one surety each of the like amount to the satisfaction of the lower
Court and subject to the conditions that they shall-
a)
not take undue advantage of liberty or abuse liberty;
b)
maintain law and order;
c)
not act in a manner injurious to the interest of the prosecution;
d)
furnish the present and permanent address of 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;
e)
not leave the limit of State of Gujarat without prior permission
of the Court; and
f)
surrender passport, if any, within a week to the lower Court.
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
before the lower Court having jurisdiction to try the case.
Rule
is made absolute. Direct service is permitted.
(R.P.DHOLAKIA,J.)
radhan/
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