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CR.MA/3397/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3397 of 2010
=========================================================
SHEETALBEN
ALIAS MANISHABEN MANOHARLAL DARJI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
JB PARDIWALA for
Applicant(s) : 1 - 2.MRTUSHARCHAUDHARY for Applicant(s) : 1 - 2.
MR
DEVANG VYAS APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 26/04/2010
ORAL
ORDER
1. This application is
preferred under Section 439 of the Code of Criminal Procedure, 1973
seeking regular bail by the applicants, who have been arrested in
connection with F.I.R. registered as C.R.No.I-140 of 2009 with
Palanpur Taluka Police Station for the offence punishable under
Sections 306,498A of the Indian Penal Code and Sections 3 and 4 of
the Dowry Prohibition Act.
2. I have heard learned
advocate Mr.J.B. Pardiwala for the applicants and learned A.P.P.
Mr.Devang Vyas for the respondent-State at length and in great
detail. I have considered the role attributed to the applicants which
is reflected in the F.I.R. at Annexure A to the application and dying
declaration produced by the learned A.P.P. The allegations against
the applicants are general in nature and they used to instigate the
husband. In view of the aforesaid aspect and considering the
provisions of Sections 306,498A of the Indian Penal Code and Sections
3 and 4 of the Dowry Prohibition Act, gravity of offence, police
papers and quantum of punishment etc., I am of the view that the
applicants deserve to be enlarged on bail.
3. For the foregoing
reasons, the application is allowed and
the applicants are ordered to be enlarged on bail in connection with
C.R.No.I-140 of 2009 with Palanpur Taluka Police Station on executing
a bond of Rs.10,000/- each [Rupees ten thousand only] with one surety
each of the like amount to the satisfaction of the Trial Court and
subject to the conditions that they shall:
[a] not take undue
advantage of their liberty or abuse their liberty;
[b] not act in a manner
injurious to the interest of the prosecution;
[c] surrender their
passport, if any, to the lower Court within a week;
[d] not leave the State
of Gujarat without prior permission of the Sessions Court concerned;
[e] mark their presence
at the concerned police station on any day of first week of every
English calendar month between 9.00 AM and 2.00 PM. till the trial is
over;
[f] furnish the present
address of their residence to the I.O. and also to the Court at the
time of execution of the bond and shall not change their residence
without prior permission of this Court;
[g] maintain law and
order.
4. If breach of any of
the above conditions is committed, the Sessions Judge concerned will
be free to issue warrant or to take appropriate action in the matter.
5. Bail bond to be
executed before the lower Court having jurisdiction to try the case.
6. 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 applicants on bail.
7. Rule is made absolute
to the aforesaid extent. Direct service is permitted.
(H.B.
Antani, J.)
Hitesh
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