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CR.MA/2886/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2886 of 2010
=========================================================
MAVJIBHAI
MANGABHAI VADHERA & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
TUSHAR L SHETH for
Applicant(s) : 1 - 3
MR DEVANG VYAS APP for Respondent(s) :
1
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 07/04/2010
ORAL
ORDER
1. This application is
preferred under Section 439 of the Code of Criminal Procedure, 1973
seeking regular bail by the applicants, who have been arrested in
connection with F.I.R. registered as C.R.No.I-16 of 2009 with
Kotdasangani Police Station for the offence punishable under Sections
498A, 306 and 114 of the Indian Penal Code.
2. I have heard learned
advocate Mr.Tushar Sheth for the applicants and
learned A.P.P. Mr.Devang Vyas for the respondent-State at length and
in great detail. I have considered the role attributed to the
applicants and manner in which the alleged offence is committed by
them along with the main culprit i.e. the husband. Applicant No.1 is
father-in-law, applicant No.2 is the mother-in-law and applicant No.3
is the uncle-in-law of the deceased. Considering the role attributed
to the applicants, I am of the view that they deserve to be enlarged
on bail.
3. For
the foregoing reasons, the application is allowed and the
applicants are ordered to be enlarged on bail in connection with
C.R.No.I-16 of 2009 registered with Kotdasangani Police Station 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 prior permission of the Sessions Court concerned;
[e] mark their presence
at the concerned police station on any day of first week of every
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.
4. 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.
5. Bail bond to be
executed before the lower Court having jurisdiction to try the case.
6. 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.
7. Rule is made absolute
to the aforesaid extent. Direct service is permitted.
(H.B.
Antani, J.)
Hitesh
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