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CR.MA/14988/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 14988 of 2010
=========================================
SUKIBEN
NANJIBHAI DAMOR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance :
MR
HRIDAY BUCH for
Applicant(s) : 1,
MR LR PUJARI, APP for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 13/12/2010
ORAL ORDER
1. RULE.
Mr LR Pujari, learned APP waives service of notice of rule for the
respondent State.
2. This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with First Information Report registered at
CR No. I 57 of 2010 with Shamlaji Police Station for the offences
punishable under Sections 498A, 306 and 114 of the Indian Penal Code.
3. Mr
Hriday Buch, learned advocate appearing for the applicant submits
that considering the nature of allegations and the role attributed to
the applicant the lady aged about 75 years and considering the
fact that the other co-accused are enlarged on bail, the case of the
applicant be considered for regular bail by imposing suitable
conditions.
4. Heard
Mr LR Pujari, learned APP for the respondent State.
5. Heard
learned advocates appearing for the parties. Considering the fact
that now the charge-sheet is filed and the applicant being a lady
aged about 75 years and also considering the fact that the other
co-accused are also enlarged on bail, I am inclined to enlarge the
applicant on bail.
6. Learned
advocates for the parties do not press for further reasoned order.
7. In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be released on bail in connection
with First Information Report registered at CR No. I 57 of 2010
with Shamlaji Police Station, on executing bond of Rs.10,000/-
[Rupees ten thousand only] with one surety of the like amount to the
satisfaction of the Trial Court and subject to the conditions that
she shall;
(a) not take
undue advantage of liberty or misuse liberty;
(b) not act in
a manner injurious to the interest of the prosecution;
(c) surrender
her passport, if any, to the lower Court within a week;
(d) not leave
the State of Gujarat without prior permission of the Sessions Judge
concerned;
(e) furnish the
present address of residence to the Investigating Officer 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;
8. The
authorities will release the applicant only if she is not required in
connection with any other offence for the time being.
9. 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.
10. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
11. 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.
12. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
[Anant
S. Dave, J.]
mrpandya
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