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CR.MA/11641/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11641 of 2010
=======================================================
MUBARAK
ALI ABDUL JALIL KHALIFA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=======================================================
Appearance :
MR
ASHISH M DAGLI for Applicant(s) : 1,
MS MINI NAIR APP for
Respondent(s) :
1,
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 14/10/2010
ORAL
ORDER
The
present application has been filed by the applicant-accused under
Section 439 of Criminal Procedure Code for regular bail after filing
of the chargesheet.
The
applicant-accused is charged with having committed offences
under Sections 498, 306 and 114 of the Indian Penal Code and under
Sections 3 and 7 of the Dowry Prohibition Act, for which, FIR being
I-C.R.No.130/2010 has been lodged at Isanpur Police Station.
Learned
counsel, Mr.Dagli for the applicant referred to the FIR and other
papers and submitted that as the chargesheet has now been filed and
other co-accused have been released on bail, the present application
may be allowed. He further submitted that the daughter aged about
nine months has lost her mother and the applicant is required to
take care, who is with his family. Therefore, the present
application may be allowed
Learned
A.P.P., Ms.Nair resisted the present application.
Having
heard learned counsel appearing for the applicant-accused and
learned A.P.P. for the State and considering the nature of offence,
manner in which it is alleged to have been committed, role
attributed and also considering the fact that the chargesheet is
filed and the applicant being father is required to look after
child, the present application deserves to be allowed.
Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with I-C.R.No.130/2010
registered with Isanpur Police Station on his executing a bond of
Rs.5,000/- (Rupees Five Thousand Only) with one solvent surety of
the like amount to the satisfaction of the lower Court and subject
to the conditions that he shall:
(a) not
take undue advantage of his liberty or abuse his liberty.
(b) not
to try to tamper or pressurize the prosecution witnesses or
complainant in any manner.
(c) not
act in any manner injurious to the interest of the prosecution.
(d) maintain
law and order and should cooperate the investigating officers.
(e) furnish
the address of his residence to the Investigating Officer and also to
the Court at the time of execution of the bond and shall not change
his residence without prior permission of the Court.
(f) surrender
his passport, if any, to the lower Court, within a week.
(g) mark
his presence before concerned Police Station 1st day of
every calender month between 11:00 AM and 2:00 PM till the trial
commences.
If
breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or take appropriate
action in the matter.
Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
Rule
is made absolute to the aforesaid extent. Direct service permitted.
(RAJESH
H.SHUKLA, J.)
/patil
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