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CR.MA/9981/2005 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9981 of 2005
==============================================================
NISHABEN
D/O. SHIVRAM RAGHUNATH PATEL - Applicant(s)
Versus
THE
STATE OF GUJARAT - Respondent(s)
==============================================================
Appearance
:
MR
RC JANI for
Applicant(s) : 1,
MRS ML SHAH APP for Respondent(s) :
1,
==================================================================
CORAM
:
HONOURABLE
MR.JUSTICE R.P.DHOLAKIA
Date
: 07/09/2005
ORAL
ORDER
1. Rule.
Learned A.P.P. Mrs. M.S.Shah waives service of Rule on behalf
of the respondent-State.
2. The
petitioner along with three accused is facing charge under Sections
498 (A), 306 and 114 of the Indian Penal Code.
3. Pursuant
to filing of the above complaint, the petitioner was apprehending her
arrest, and therefore, she filed an application for anticipatory
bail before this Court being Criminal Misc. Application 9544 of 2004
and this Court ( Coram : J.R.Vora, J.) vide order dated 18-8-2005
granted anticipatory bail to the petitioner and as directed by this
Court in the above order, the petitioner preferred an application for
regular bail before the trial Court being Criminal Misc. Application
No.384 of 2005, which came to be rejected on 24-8-2005, on the ground
that she has not surrendered to the judicial custody.
4. Heard
learned counsel appearing for the respective parties. Learned counsel
for the petitioner has made a statement at the bar that petitioner
has already surrendered before the Court below and hence, this
petition is tenable. He has further argued that the petitioner is a
young lady, aged 22 years and her marriage taken place on 1-5-2005
and she is residing separately with her husband. He has, therefore,
requested that the petitioner may be enlarged on bail.
5.
The parties do not press for further reasoned order. Considering the
submissions made on behalf of the parties and having regard to the
facts and circumstances of the case, the petition is allowed and the
petitioner is ordered to be released on bail in connection with Crime
Register No. I- 247 of 2005 of Adalaj Police Station on her
executing a 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 she shall ;
(a)
not take undue advantage of her liberty or misuse her liberty ;
(b)
not act in a manner injurious to the interest of the prosecution ;
(c)
maintain law and order ;
(d)
furnish the address of her residence at the time of execution of the
bond and shall not change her residence without prior permission of
this Court ;
(e)
surrender her passport, if any, to the lower Court within a week ;
(f)
not leave the State of Gujarat without the prior permission of the
Sessions Judge concerned ;
6.
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.
7.
Bail bonds to be executed before the lower Court having jurisdiction
to try the case.
8.
Rule is made absolute to the aforesaid extent. D.S. today.
(
R.P.DHOLAKIA,J. )
*mithabhai
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