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CR.MA/10671/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10671 of 2010
======================================
SHAILESHBHAI
(SIC-SHAILESHKMAR) SHIVSHANKAR DAVE - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance
:
MR RJ GOSWAMI for Applicant(s)
: 1,
MS MINI NAIR APP for Respondent(s) :
1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH
H.SHUKLA
Date
: 28/09/2010
ORAL ORDER
The
present application has been filed by the applicant-accused for
grant of regular bail under section 439 of Criminal Procedure Code,
1973.
The
applicant-accused is charged with having committed offences
under sections 363, 366, 376 and 34 of Indian Penal Code, for which,
FIR has been lodged being I-C.R.No.63/2009 at Idar Police Station,
Dist.Sabarkantha.
Learned
advocate Mr.R.J.Goswami for the applicant submitted that the
applicant is the brother of the main accused, who has been acquitted
in Sessions Case No.128 of 2009. He submitted that he is said to
have abetted, and, thereafter, as he was not available, trial could
not proceed against him and other co-accused have been acquitted by
the learned Sessions Court , Sabarkantha camp at Idar, which is
produced. He has referred to the discretion with regard to testimony
of the victim and her mother and submitted that therefore, present
application may be allowed.
Learned
A.P.P., Ms.Mini Nair resisted the present application.
Having
heard Mr.R.J.Goswami, learned advocate for the applicant and Ms.Mini
Nair, learned APP for respondent State and having considered the
nature of offence, manner in which, it is alleged to have been
committed, role attributed as well as the judgment in Sessions Case
No.128 of 2009, the Court is of the opinion that the present
application deserves to be allowed as now the charge sheet has been
filed.
Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with I-C.R.No.63/2009 at Idar
Police Station, Dist.Sabarkantha on his executing a bond of
Rs.5,000/- (Rupees Five Thousand Only) with one solvent surety of
the like amount to the satisfaction of the lower Court and subject
to the conditions that he shall:
(a) not
take undue advantage of his liberty or abuse his 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 the investigating officers.
(e) mark
his presence before concerned Police Station on 1st Monday
of every month of English calender between 11:00 AM to 2:00 PM, till
trial commences;
(f) furnish
the address of his residence to the Investigating Officer and also to
the Court at the time of execution of the bond and shall not change
his residence without prior permission of the Court.
(g) surrender
his passport, if any, to the lower Court, within a week.
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.
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.
Rule
is made absolute to the aforesaid extent. Direct service permitted.
[RAJESH
H.SHUKLA, J.]
Amit
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