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CR.MA/1323920/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13239 of
2008
=========================================================
PRAVINBHAI
LAKUBHAI VIZODA & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
AB VYAS for
Applicant(s) : 1 - 3.MS.P J.JOSHI for Applicant(s) : 1 - 3.
MR SP
HASURKAR ASST. PUBLIC PROSECUTOR for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 24/10/2008
ORAL
ORDER
1. RULE.
Mr. Hasurkar, learned APP waives the service of rule on behalf of
respondent-State.
2. Before
proceeding with the matter, Ms. Joshi,learned Advocate for the
applicants states that she is not pressing this application qua
applicant No.1. Hence, the application stands disposed of qua
applicant No.1, only. Rule is discharged qua respondent No.1, only.
3. The
applicant Nos.2 and 3 who have been arrested in connection with
I-C.R. No. 48 of 2008 by Gandhidham Police Station, District : Kutch
for the offences punishable under Sections 498(A), 306 and 114 of the
I.P.C. have preferred this application seeking their release on
regular bail.
3. The
allegation against the applicants are that they along with other
accused persons meted out mental and physical torture to the deceased
to the extent that she committed suicide and thereby committed the
offences as stated above.
4. Taking
into consideration the fact that the charge-sheet is filed and that
applicant Nos. 2 and 3 are ladies out of which applicant No.2 is
mother of the original accused No.1-Pravinbhai aged about 64 years
and applicant No.2 is sister of original accused No.1-Pravinbhai aged
about 25 years, without going in to the merits of the matter, this
application deserves to be allowed.
5. Accordingly,
the application is allowed. The applicants are ordered to be
released on regular bail in connection with C.R. No. I-48 of 2008
registered with Gandhidham Police Station, District : Kutch for the
offences alleged against them in this application on their executing
personal bond of Rs.5,000/-(Rupees Ten Thousand Only), by each of
them, with one surety 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 his liberty or misuse his
liberty;
[b] not
act in a manner injurious to the interest of the prosecution;
[c] maintain
law and order;
[d] not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
[f] furnish
the address of their residence to the I.O. at the time of execution
of the bond and shall not change the residence without prior
permission of this Court;
[g] surrender
their passport, if any, to the Lower Court, within a week
6. If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or to take appropriate
action in the matter.
7. Bail
before the lower Court having jurisdiction to try the case.
8. Rule
is made absolute qua applicant Nos.2 and 3, only. Direct service is
permitted.
(M.D.
Shah,J.)
Umesh/
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