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CR.MA/13660/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13660 of 2010
======================================
MANUBHAI
MAGANBHAI KOLI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance :
MR
PP MAJMUDAR for Applicant
Mr.
Kartik Pandya, APP, for respondent
No.1
======================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 02/12/2010
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-78 of 2010 with Chhani police station, District: Vadodara
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 and the charge
sheet filed in the case.
The
learned counsel for the applicant submits that the incident of
accident is converted into an offence punishable under Section 306 of
the Indian Penal Code. He further submits that apart from vague and
general allegations, no other specific allegation about cruelty or
demand of dowry appears. Investigation is over and charge sheet is
filed. He, therefore, submits that 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 and considering the nature of
allegations and role attributed to the applicant and now charge
sheet is filed 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 applicant 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 applicant is ordered to be released on bail in connection
with first information report registered at C.R.No.I-78 of 2010 with
Chhani police station, District: Vadodara on his executing a bond of
Rs.5,000/- (Rupees five thousand only) with one surety of the like
amount to the satisfaction of the trial court and subject to the
conditions that he shall
i. not
take undue advantage of his liberty or misuse his liberty;
not
act in a manner injuries to the interest of the prosecution;
surrender
his passport, if any, to the lower court within a week;
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
mark
his 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 his 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 applicant only if he is 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 applicant on bail.
Rule
is made absolute to the aforesaid extent. D.S. Permitted.
(Anant
S. Dave, J.)
(swamy)
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