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CR.MA/9625/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9625 of 2010
=======================================================
SANJAY
MAHADEVBHAI KAILA & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=======================================================
Appearance :
MR
SV RAJU, Sr.Adv. for SVRAJUASSOCIATES
for Applicant(s) : 1 - 2.
MR SJ SHUKLA APP for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 13/09/2010
ORAL
ORDER
The
present application has been filed under Section 438 of the Code of
Criminal Procedure, 1973 for the grant of anticipatory bail in
connection with I-C.R.No.107/2010 registered with Halvad Police
Station, surendranagar for the offences punishable under Sections
306, 498(A) and 114 of the Indian Penal Code.
Learned
Senior Counsel, Mr.S.V. Raju for the applicants submitted that the
present applicants are the brother-in-law and sister-in-law, who are
residing separately in a different place and, therefore, considering
this fact, the present application may be allowed. He, therefore,
submitted that the allegations made in the complaint are of general
nature and the provisions of Section 306 of the Indian Penal Code
would not be attracted. He has also referred to and relied upon the
judgments of the Hon’ble Apex Court reported in (2000)10 SCC 604
in case of Bhaskarlal Sharma & Anr. V/s Monica and
(1995)1 SCC 349 in case of Dolat Ram & Ors. V/s State
of Haryana.
Learned
A.P.P., Mr.Shukla resisted the application and submitted that though
they are residing separately as stated in the impugned order, every
week they would be there resulting into constant harassment and
instigation, which has led to incident.
Having
heard learned senior counsel, Mr.Raju for the applicants-accused and
learned A.P.P., Mr.Shukla for the respondent-State and having regard
to the nature of offences and considering the guidelines with regard
to grant of anticipatory bail in such cases, the present application
deserves to be allowed.
Accordingly,
the present application is allowed. The applicants are ordered to be
released on bail in the event of their arrest in connection with
I-C.R.No.107/2010 registered with Halvad Police Station,
Surendranagar in respect of the offence alleged against them on
their executing bond of Rs.5,000/- (Rupees Five thousand only) each
with one solvent surety of the like amount, by them, by the
concerned Police Officer and on conditions that they shall;
a) remain present before the trial Court regularly as and when directed on the dates fixed;
b) remain present at the concerned Police Station on 16.09.2010 between 11.00 a.m. and 2.00 p.m;
c) make themselves available for interrogation by Police Officer, whenever and wherever required between 11:00 a.m. to 05:00 p.m.;
d) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;
e) not to obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;
f) at the time of execution of bond, furnish their address to the Investigating Officer and the Courts concerned, and shall not change their residence till the final disposal of the case or till further orders;
g) not leave India without the permission of the Court and if having Passport, shall deposit the same before the trial Court within a week;
h) It
should be open to the Investigating Officer to file an application
for remand if he considers it proper and just; and the learned
Magistrate would decide it on merits.
This
order will hold good if the applicant is arrested at any time within
90 days from today. The order for release on bail will remain
operative only for a period of ten days from the date of their
arrest, during which it will be open to the applicants to make fresh
application for being enlarged on bail in usual course which when it
comes before the competent Court, will be disposed of in accordance
with law, having regard to all the attending circumstances and the
materials available at the relevant time uninfluenced by the fact
that anticipatory bail was granted.
Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(RAJESH
H.SHUKLA, J.)
/patil
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