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CR.MA/9063/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9063 of 2011
=========================================================
SHAILESH
SHIVABHAI PARMAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MRHARSHITSTOLIA
for
Applicant(s) : 1,MRPARTHSTOLIA for Applicant(s) : 1,
Ms.
Manisha L. Shah, APP, for respondent
No.1
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 13/07/2011
ORAL
ORDER
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
C.R.No.I-13 of 2011 with Kotdasangani police station, Rajkot Rural
for the offences punishable under Sections 498(A) and 306 of the
Indian Penal Code.
Heard
learned counsel for the parties and perused the record.
Learned
counsel for the applicant submits that the charge-sheet is filed and
the investigation is over. It is further submitted that the
allegations contained in the complaint read in juxtaposition to the
statements of Dineshbhai recorded on 10th and 15th
February 2011 and other attending circumstances, reveal that deceased
Sangeetaben had committed suicide for which no ill-treatment or
cruelty as alleged was meted out by the applicant. At the same time,
the proximate cause before the suicide was only when the
applicant-husband told the wife to prepare food because the minor
daughter of the elder brother was not well. Such type of allegations
would at this stage entail the applicant to seek bail.
In
the facts and circumstances of the case and considering the nature of
allegations and role attributed to the applicant, without
discussing the evidence in detail, prima facie, this Court is of the
opinion that this is a fit case to exercise the discretion to enlarge
the applicant on bail.
Hence,
the application is allowed and the applicant is ordered to be
released on bail in connection with first information report
registered at C.R.No.I-13 of 2011 with Kotdasangani police station,
Rajkot Rural on his executing a bond of Rs.5,000/- (Rupees five
thousand only) with one surety of the like amount to the satisfaction
of the trial court and subject to the conditions that he shall
i. not
take undue advantage of his liberty or misuse his liberty;
not
act in a manner injuries to the interest of the prosecution;
surrender
his passport, if any, to the lower court within a week;
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
mark
his presence at the concerned police station on the first Sunday of
every month between 10 a.m. and 3 p.m for three months only;
furnish
the present address of his residence to the I.O. and also to the
Court at the time of execution of the bond and shall not change the
residence without prior permission of this Court;
The
Authorities will release the applicant only if he is not required in
connection with any other offence for the time being. If breach of
any of the above conditions is committed, the Sessions Judge
concerned 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.
D.S. Permitted.
(Anant
S. Dave, J.)
(swamy)
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