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CR.MA/7109/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7109 of
2010
=========================================================
PRABHATBA
W/O ASHUBHA JADEJA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
NIKHIL S KARIEL for
Applicant(s) : 1,
MR AJ DESAI, LD. ADDL. PUBLIC PROSECUTOR
for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 22/07/2010
ORAL
ORDER
This
application is filed by the applicant under Section 439 of the
Criminal Procedure Code, 1973 for releasing her on regular bail in
connection with the offences registered at CR No.I-03 of 2010
registered with Kothara Police Station, District-Kutch, for the
offences punishable under Sections 306, 498-A and 114 of the Indian
Penal Code.
Heard
learned counsel for the applicant and Mr.A.J. Desai, learned
Additional Public Prosecutor for the State.
Learned
counsel for the applicant has submitted that the applicant is aged
about 75 years old lady and it is too harsh for her to survive in
the judicial custody. He has also contended that her husband is aged
80 years and is totally bedridden. He, therefore, prayed to release
the applicant on regular bail.
As
against this, Mr.Desai has produced documentary evidence in support
of prosecution case and read the order passed by the trial Court.
I
have gone through the order passed by the trial Court as well as
papers produced on record of the case. I have also gone through the
Dying Declaration made before the Executive Magistrate, but looking
to the age of applicant and in view of the fact that trial will not
over in near future, I am inclined to release her on regular bail.
Learned
counsels for the parties do not press for reasoned order.
Considering
the submissions made on behalf of the parties and having regard to
the facts and circumstances of the case, the application is allowed
and applicant is ordered to be released on bail in connection with
CR No.I-03 of 2010 registered with Kothara Police Station,
District-Kutch, for the offences alleged against her in this
application on her executing bond of Rs.10,000/-(Rupees Ten Thousand
Only) with one solvent surety of the like amount to the satisfaction
of the lower Court and subject to the conditions that she shall,
(i) not
take undue advantage of her liberty or abuse her liberty;
(ii) not
act in a manner injurious to the the prosecution;
(iii)
not leave the local limits of State of Gujarat without the prior
permission of the concerned Sessions Judge;
(iv) Surrender
his passport, if any, to the lower Court within a week;
The
Authority will release the applicant only if she is not required in
connection with any other offence for the time being.
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
bond to be executed before the lower Court having jurisdiction to
try the case.
At
the trial, the trial Court shall not be influenced by the
observations of preliminary nature, qua the evidence at this stage,
made by this Court while enlarging the applicant on bail. Rule is
made absolute to the aforesaid extent.
Direct
Service is permitted.
(Z.
K. Saiyed, J)
Anup
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