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CR.MA/1333320/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13333 of
2008
=========================================================
KALPABEN
PRAKASHBHAI PAWAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ARPIT A KAPADIA for
Applicant(s) : 1,
MR MR MENGDEY ASST. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 22/10/2008
ORAL
ORDER
Leave
to Amend.
1. RULE.
Mr. Mengdey, learned APP waives the service of rule on behalf of
respondent-State.
2. The
applicant who has been arrested in connection with C.R. No. I-17 of
2008 by Ukai Police Station, District : Surat for the offences
punishable under Section 498(A), 302 and 114 of the I.P.C. has
preferred this application seeking her release on regular bail.
3. The
allegation against the applicant is that
she
along with other accused persons meted out physical and mental
torture to the complainant and with an intention to kill the
complainant, caught the complainant and set her ablaze after pouring
kerosene on her and thereby committed the offences as stated above.
4. Taking
into consideration the fact that the applicant was residing
separately with her husband and three minor sons and the manner in
which the alleged incident took place, this application deserves to
be allowed. It is made clear that this may not be treated as
precedent.
5. Accordingly,
the application is allowed. The applicant is ordered to be released
on regular bail in connection with C.R. No. I-17 of 2008 registered
with Ukai Police Station, District : Surat for the offences alleged
against her in this application on her executing personal bond of
Rs.10,000/-(Rupees Ten Thousand Only)with one surety of the like
amount to the satisfaction of the lower Court and subject to the
conditions that she shall:-
[a] not take undue advantage of her liberty or misuse her
liberty;
[b] not
act in a manner injurious to the interest of the prosecution;
[c] maintain
law and order;
[d] not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
[f] furnish
the address of her residence to the I.O. at the time of execution
of the bond and shall not change the residence without prior
permission of this Court;
[g] surrender
her passport, if any, to the Lower Court, within a week.
6. 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.
7. Bail
before the lower Court having jurisdiction to try the case.
8. Rule
is made absolute. Direct service is permitted.
(M.D.
Shah,J.)
Umesh/
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