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CR.MA/1969/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1969 of 2011
=================================================
MEGHRAJBHAI
NARSANGBHAI MALI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance :
MR
TUSHAR CHAUDHARY for Applicant(s) : 1,
MR AJ DESAI APP for
Respondent(s) : 1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 18/02/2011
ORAL
ORDER
Rule.
Mr. learned APP, waives service of notice of Rule for respondent –
State.
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
CR No.I 115/2010 with Bhabhar Police Station, District Banaskantha
for the offences punishable under Sections 498-A, 306, 506(2) and
114 etc. of the Indian Penal Code.
Learned
counsel appearing for the applicant submits that charge
sheet is filed. It is further submitted that the FIR is
filed after 7 months of alleged incident. It is further submitted
that the applicant is brother-in-law and allegations are general and
vague. He further submits that the applicant has roots in the
society, will not flee from justice and will cooperate with the
investigation as and when called for. It is further submitted that
in view of the above, the applicant may be enlarged on bail.
Heard
learned APP for the respondent – State.
Having
heard learned counsel for the parties and perusing the record of the
case and taking into consideration the facts of the case, nature of
allegations, role attributed to the accused and punishment
prescribed for the alleged offences coupled with the fact that
charge sheet is filed, without discussing the evidence in
detail, at this stage, I am inclined to enlarge the applicant on
bail.
Learned
counsel for 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 115/2010 with
Bhabhar Police Station, District Banaskantha, on executing 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 they shall;
not
take undue advantage of liberty or misuse liberty;
not
act in a manner injurious to the interest of the prosecution;
surrender
their 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
their presence at the concerned police station on the first Sunday
of every month between 10.00 a.m. and 3.00 p.m. for three months
only;
furnish
the present address of residences 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 applicants only if they are 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.)
*pvv
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