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CR.MA/15151/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 15151 of 2010
=========================================
YOGINDER
PYARELAL JAT - Applicant(s)
Versus
GOVERNMENT
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR DILIP P
JOSHI for
Applicant(s) : 1,
Mr Kartik Pandya, Addl.PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 27/12/2010
ORAL
ORDER
1.
Rule.
Mr. learned APP, waives service of notice of Rule for respondent –
State.
2. This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered
being CR No.I- 101 of 2010 with Adipur Police Station, for the
offences punishable under Sections 306, 498-A, 191 of the Indian
Penal Code.
Heard learned
Advocate for the applicant and the learned APP for the respondent –
State.
3. Prima facie,
it appears that the accused is having habit of smoking and on the day
of the incident, the deceased told the accused not to smoke and in
this regard a quarrel has taken place and the accused threw the
cigarette on the deceased. And at about 11.45 pm, the complainant
received call from the accused that Pooja had set fire on herself.
4. Having heard
learned counsel for the parties and perusing the record of the case
and taking into consideration the facts of the case, nature of
allegations, role attributed to the accused and punishment prescribed
for the alleged offences and as the charge sheet is filed, I am
inclined to enlarge the applicant on bail.
Learned counsel
for the parties do not press for further reasoned order.
5. 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 being C.R. No.I – 101 of 2010 with
Adipur Police Station on 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;
not
take undue advantage of liberty or misuse liberty;
not
act in a manner injurious to the interest of the prosecution;
surrender
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
presence at the concerned police station on the first Sunday of
every month between 10.00 a.m. and 3.00 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 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.)
msp
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