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CR.MA/11112/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11112 of
2010
======================================
POPATBHAI
LALJIBHAI DHUSA & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance
:
MR RJ GOSWAMI for Applicant(s)
: 1 - 3.
MS MINI NAIR APP for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE RAJESH
H.SHUKLA
Date
: 28/09/2010
ORAL
ORDER
The
present application has been filed by the applicants-accused for
grant of regular bail under section 439 of Criminal Procedure Code,
1973, after the charge sheet is filed.
The
applicants-accused are charged with having committed offences
under sections 306 and 114 of Indian Penal Code, for which, FIR has
been lodged being I-C.R.No.44/2010 at Shamlaji Police Station,
Dist.Sabarkantha.
Learned
advocate Mr.R.J.Goswami for the applicants referred to the First
Information Report and submitted that the applicants are the
relatives of the deceased and they have been falsely implicated. He
submitted that provisions of section 306 of Indian Penal Code would
not be attracted as they are residing separately. He submitted that
in any case present application may be allowed when the charge sheet
has been filed.
Ms.Mini
Nair, learned Additional Public Prosecutor resisted the application
and submitted that suicide note has been recovered from the
deceased.
Having
heard Mr.R.J.Goswami learned advocate for the applicants and
Ms.Nair, learned APP and having considered the nature of offence,
manner in which it is alleged to have been committed, role
attributed and also considering the suicide note, this Court is of
the opinion that present application deserves to be allowed as now
the charge sheet has been filed.
Accordingly,
present application stands allowed. The applicants are ordered to be
released on regular bail in connection with I-C.R.No.44/2010 at
Shamlaji Police Station, Dist.Sabarkantha on their executing a bond
of Rs.5,000/- (Rupees Five Thousand Only) each with one solvent
surety each of the like amount to the satisfaction of the lower
Court and subject to the conditions that they shall:
(a) not
take undue advantage of their liberty or abuse their 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) mark
their presence before concerned Police Station on 1st
Monday of every month of English calender between 11:00 AM to 2:00
PM, till trial commences; qua applicants no.1 and 3 only;
(f) furnish
the 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 their residence without prior permission of the Court.
(g) surrender
their passport, if any, to the lower Court, within a week.
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.]
Amit
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