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CR.MA/13076/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13076 of 2010
=========================================================
PREMILABEN
ASHOKBHAI DATNIYA & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
CHETAN B RAVAL for
Applicant(s) : 1 - 2.
MS ML SHAH, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 18/11/2010
ORAL
ORDER
1. Present
application has been filed by the applicants for grant of regular
bail under Section 439 of Code of Criminal Procedure, 1973 after the
charge-sheet is filed.
2. The
applicants accused are charged with having committed offence under
Sections 498-A, 323, 114, 306 of I.P. Code for which FIR being
C.R.No. I-272 of 2010 registered with Sabarmati Police Station.
3. Learned
Advocate Mr. C.B.Raval submitted that the applicants are the females
– mother-in-law and sister-in-law. He submitted that the primus had
burst resulting in the accident and therefore she was shifted to the
hospital. He further submitted that at the most it is a case
regarding driving the deceased to commit suicide as she was not
bearing a male child. He submitted that considering the fact that the
charge-sheet is filed and the applicants are females, present
application may be allowed.
4. Learned
APP Ms.ML Shah resisted the application.
5. Having
heard the learned Advocate Mr. Raval for the applicants as well as
learned APP Ms. Shah and having considered the nature of offence, the
manner in which it is alleged to have been committed and role
attributed, without any further elaboration, the present application
deserves to be allowed only on the grounds that the applicants are
females and the charge-sheet is filed subject
to the conditions hereinafter.
6. Accordingly,
present application stands allowed. The applicants are ordered to be
released on regular bail in connection with the F.I.R. being C.R.No.
I-272 of 2010 registered with Sabarmati Police Station, on their
executing a bond of Rs.5,000/- (Rupees Five Thousand) each with one
solvent 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 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 with the investigating officers.
(e) 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.
(f) surrender
their passport, if any, to the lower Court, within a week.
7. 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.
8. 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.
9. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(RAJESH
H.SHUKLA, J.)
jani
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