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CR.MA/12890/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12890 of 2008
=========================================================
REKHABEN
DHARMESHBHAI VAISHNANI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
KB ANANDJIWALA for
Applicant(s) : 1,
MR SP HASURKAR, ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 14/10/2008
ORAL
ORDER
1. Rule.
Mr. S.P.Hasurkar, learned Additional Public Prosecutor, waives
service on behalf of the respondent-State.
2. The
applicant, who has been arrested in connection with C.R.No.I-395 of
2008 by Malaviyanagar Police Station, Rajkot for the offences
punishable under Sections 206,498-A, 114 of Indian Penal Code and
under Section 3 and 5 of the Dowry Prohibition Act, has preferred
this application seeking his release on bail.
3. The
applicant is in jail since 24.9.2008. It is alleged in the complaint
that the applicant accused being Jethani of the deceased-Sejal had
asked her to bring Rs.1 lakh for furniture. It is submitted by the
learned advocate for the applicant that daughter of the present
applicant is two years old and nobody is there in the family to look
after the daughter and the applicant being the mother her presence
is required. Considering these aspects the application deserves to be
allowed only on this ground.
4. Accordingly,
the application is allowed. The applicant is ordered to be released
on bail in connection with C.R.No.I-395 of 2008 registered with
Malaviyanagar Police Station, Rajkot, for the offences alleged
against her in this application on her executing a personal bond of
Rs.5000/-(Rupees five thousand only) with one surety of the like
amount to the satisfaction of the lower Court and subjection to the
condition that he shall:-
(a) not
take undue advantage of her liberty or misuse her liberty;
(b) not
to act in a manner injurious to the interest of the prosecution;
(c) maintain
law and order;
(d) not leave the State of Gujarat without the prior permission of
Sessions Judge concerned.
(f) furnish the address of her to the I.O and also to the Court at
the time of execution of the bond and shall not change her
residence without prior permission of this Court;
(g) surrender her passport, if any, to the lower Court within a
week;
5. If breach of any of the above condition is committed, the Sessions
Judge concerned will be free to issue warrant or take appropriate
action in the matter.
6. Bail before the lower Court having jurisdiction to try the case.
7. Rule is made absolute. Direct service is permitted.
(M.D.Shah, J.)
sudhir
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