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CR.MA/11123/2005 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11123 of 2005
==============================================================
NANDKUVERBA
SURUBHA ZALA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
==============================================================
Appearance
:
MR
SHAKTISINH GOHIL for
Applicant(s) : 1,
MS ML SHAH, APP for Respondent(s) :
1,
==================================================================
CORAM
:
HONOURABLE
MR.JUSTICE R.P.DHOLAKIA
Date
: 18/10/2005
ORAL
ORDER
Rule.
Ms.M.L.Shah, learned APP waives service for State.
Heard
learned counsel for the petitioner and learned APP for the State.
It
is mainly argued by learned counsel for the petitioner that the
petitioner is the sister-in-law against whom and others complaint
has been lodged by the victim alleging that she was telling the
deceased that she did not bring any articles or amount from her
father’s house. According to him, except this, there is no other
serious allegation. It is submitted that she is in judicial custody
since 3rd July, 2005. Looking to the aforesaid, it is
requested that since the petitioner being a lady, she may be
released on bail.
Considered
the submissions made on behalf of the parties. Keeping in mind the
facts such as the petitioner is the sister-in-law, investigation is
over, charge sheet is filed and she is in judicial custody since
July, 2005, keeping in mind the exception laid down in the judgment
delivered by this Court (Coram:M.S.Parikh,J, as was then) qua
woman-accused reported in 1993(2)G.L.R. page 1148 in
the case of Ilaben Vs. State of Gujarat, the
petitioner is considered for releasing on bail.
This
petition is accordingly allowed and she is ordered to be released on
bail in connection with Crime Register No.116 of 2005 registered at
?SD?? Division Police Station, Bhavnagar, for the offence alleged
against her in this petition on her executing bond of Rs.5,000/-
(Rupees Five Thousand only) 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 abuse liberty;
b)
maintain law and order;
c)
not act in a manner injuries to the interest of the prosecution;
d)
furnish the present and present address of 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;
e)
not leave the State of Gujarat without prior permission of the
Court; and
f)
surrender passport, if any, within a week to the lower Court.
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
before the lower Court having jurisdiction to try the case.
Rule
is made absolute. Direct service is permitted.
(R.P.DHOLAKIA,J.)
radhan/
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