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CR.MA/8912/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8912 of
2008
=========================================
JAYANTIBHAI
@ JITO BHURABHAI SOLANKI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
ARPIT A KAPADIA for Applicant(s) : 1 - 2.
MR
KT DAVE, APP for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 17/07/2008
ORAL ORDER
1. RULE.
Mr KT Dave, learned Additional Public Prosecutor waives service of
Rule on behalf of the State. In the facts and circumstances of the
case, this application is taken up for hearing today.
2. This
application is preferred under Section 439 of the Code of Criminal
Procedure in connection with FIR registered as CR No. I? 99 of 2008
filed before the Una Police Station, District Junagadh for the
offences punishable under Sections 306, 498A and 114 of the Indian
Penal Code.
3. Mr
Arpit Kapadia, learned advocate for the applicants submitted that
considering the role attributed to the applicants, this is a fit case
to release them on regular bail. The learned advocate for the
applicants further submitted that considering the marriage span of 15
years, the prayer as set out in the application for regular bail may
be granted.
4. As
against the aforesaid submission, Mr KT Dave, learned Additional
Public Prosecutor submitted that considering the nature of the
offences, the involvement of the applicants in commission of the
offences and the gravity of the offences in which they are involved,
the application deserves to be rejected.
5. I
have considered the rival submissions and the averments made in the
application as well as the FIR produced at Annexure-A to the
application. Considering the nature of involvement of the applicants
in commission of the offences, the gravity of the offences and the
quantum of punishment, without entering into the merits of the case,
I am inclined to exercise my discretion in favour of the applicants.
Hence, I pass the following order :-
6. In
the facts and circumstances of the case, the application is allowed
and the applicants are ordered to be enlarged on bail in connection
with CR No. I? 99 of 2008 registered at Una Police Station, District
Junagadh on executing a bond of Rs.10,000/- each [Rupees ten thousand
only] with one surety each of the like amount to the satisfaction of
the Trial Court and subject to the conditions that they shall :
[a] not
take undue advantage of their liberty or abuse their liberty;
[b] not
act in a manner injurious to the interest of the prosecution;
[c] surrender
their passport, if any, to the lower Court within a week;
[d] not
leave the State of Gujarat without the prior permission of the
Sessions Court concerned;
[e] mark
their presence at the concerned police station on any day of every
first week of English calendar month between 9.00 AM and 2.00 PM.
till the trial is over;
[f] 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 their
residence without prior permission of this Court;
[g] maintain
law and order.
7. 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.
8. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
9. 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.
10. Rule
is made absolute to the aforesaid extent.
Direct
service is permitted.
[H.B.
Antani, J.]
mrpandya*
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