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R/CR.MA/7626/2011
ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No 7626 of 2011
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MEHULBHAI
AMARATBHAI RAVAL & 2....Applicant(s)
Versus
STATE
OF GUJARAT....Respondent(s)
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Appearance:
MR
YM THAKORE as ADVOCATE for the Applicant(s) No. 1-3
MR
JK SHAH, APP for the RESPONDENT(s) No. 1
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CORAM:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 07/06/2011
ORAL
ORDER
Rule. Learned APP Mr.
J.K.Shah, waives service of notice of rule on behalf of State.
This
is an application under Section 439 of Criminal Procedure Code
praying for regular bail in connection with offence registered with
Becharaji Police Station vide CR No.I-39 of 2011 for the offences
punishable under Sections 306, 498(A) and 114 of Indian Penal Code.
The gravamen of charge is that all accused persons abetted the
commission of suicide by Sangitaben. Deceased Sangitaben was married
to co-accused No.1 Mehulbhai. Marriage span of about 2 years.
Accused applicant No.2 is father-in-law of the deceased and
accused No.3 is mother-in-law of the deceased. Perusal of the FIR
and charge-sheet papers would suggest that the allegations are too
general and vague. Except alleging that some unwarranted taunts and
remarks were being passed nothing else has been alleged. There is no
evidence prima facie worth the name to suggest that harassment was
insuccinct or intolerable.
This
Court has thought fit to exercise its discretion taking into
consideration the following aspects :
(A) Prima facie there is
nothing to suggest that the accused persons abated commission of
suicide. There are absolutely general allegations of house-hold
dispute which are mundane matters.
(B) Accused No.1
husband and accused No.2 father-in-law are serving at Mehsana and
they were at service.
(C) The investigation is
over and charge-sheet is filed.
(D) No apprehension of
accused persons fleeing from justice or tampering with the
prosecution witnesses is expressed.
In
this view of the matter, I am persuaded to exercise my discretion in
favour of the accused applicants. Under the circumstances,
accused-applicants are ordered to be enlarged on regular bail in
connection with offence registered with Becharajai Police Station
being C.R.No.I-39 of 2011 on executing bond in the sum of
Rs.15,000/- (Rupees fifteen thousand only) each 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 liberty or misuse liberty;
b) not act in a manner
injurious to the interest of the prosecution;
c) surrender passport, if
any, to the lower court within a week;
d) not leave the State of
Gujarat without prior permission of the Sessions Judge concerned;
e) shall not enter
village Jotana, Dist. Mehsana till conclusion of trial.
e) accused Nos.1 and 2
shall mark presence at the concerned Police Station once in a month
on Sunday between 10.00 a.m. and 3.00 p.m.;
f) furnish the present
address of their residence to the Investigating Officer 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 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.
It
goes without saying that any observations touching the merits of the
case, purely for the purpose of deciding the question of grant of
bail and shall not be construed as an expression of the final
opinion in the main matter.
Rule made absolute.
Direct Service is permitted.
(J.B.PARDIWALA,
J.)
kks
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