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CR.MA/7719/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7719 of 2010
=========================================================
KAMLABEN
W/O SUNDARDAS ACHHADA & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MS
SAJNIKA R PATEL for
Applicant(s) : 1 - 2.
Mr D C Sejpal, Addl.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 19/07/2010
ORAL
ORDER
1. RULE.
Learned APP waives service o f notice of Rule on behalf of the
respondent-State.
Having
regard to the facts and circumstances of the case, the application
is taken up for hearing today.
2.
This is an application preferred under Section 439 of the Code of
Criminal Procedure by the applicant who came to be arrested in
connection with CR No. II-63 of 2010 registered at ‘B’ Division
Police Station, Bhavnagar City for the offence punishable under
Sections 306, 498-A, 504 and 114 of the IPC.
3. Heard
the learned Advocate for the applicants and the learned APP at length
and in great detail. Considering the role attributed to the
applicant No.1 who is the mother-in-law and applicant No.2 who is the
sister-in-law as reflected in the FIR, police papers as well as the
provisions of the aforesaid sections, quantum of punishment and the
gravity of offence and also the fact that the applicants have
abetted in the commission of offences and except the aforesaid, no
other role is attributed to the applicants, I am of the view that
the applicants deserve to be enlarged on bail. The application is
allowed accordingly. The applicants are ordered to be enlarged on
bail in connection with aforesaid offences on executing a bond of
Rs.10,000/- [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] furnish
the present address of his residence to the I.O. and also to the
Court at the time of execution of the bond and shall not change his
residence without prior permission of this Court;
[f] maintain
law and order.
3. 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.
4. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
5. 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.
6. Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
[H.B.ANTANI,
J.]
msp
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