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CR.MA/5998/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5998 of 2011
=========================================================
YUSUFBHAI
MAHMADBHAI SHEKH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
YJ PATEL for
Applicant(s) : 1,
MR RC KODEKAR ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date : 11/05/2011
ORAL ORDER
Rule.
Learned APP, Mr Kodekar, waives service of notice of rule for and on
behalf of State.
2. This
is an application under Section 439 of Criminal Procedure Code
praying for regular bail in connection with offence registered with
Chhani Police Station, Vadodara vide C.R.No.I-16 of 2011 for the
offences punishable under Sections 306, 498A read with Section 114 of
IPC.
3. Heard
learned advocate Mr YJ Patel for the applicant-accused and Mr
Kodekar, learned APP for the State. Perused the FIR.
4. The
accused-applicant is father-in-law of the deceased. Prima-facie it
appears that the allegations are in general and related to household
disputes. There are no direct allegations worth the name against the
present applicant so far as abetment is concerned.
5. In
this view of the matter, I am persuaded to exercise my discretion
in favour of the applicant-accused taking into consideration the
following aspects :-
(1)
The accused-applicant is father-in-law of the deceased, who
committed the suicide.
(2) There
are no direct allegations against the accused-applicant so far as
abetment is concerned;
(3) Prima-facie,
it appears from the allegations levelled in the FIR that the dispute
related to household matters.
(4) Investigation
is over.
(5) Mother-in-law
of the deceased, who is one of co-accused has already been ordered to
be released on bail by this Court vide order dated 1.3.2011 passed in
Criminal Misc. Application No.2500 of 2011.
6. Considering
the above prima-face aspects of the matter, it is ordered that the
applicant is ordered
to be released on bail in connection C.R. No.I -16 of 2011 registered
with Chhani Police Station, Vadodara on his executing a bond in the
sum of Rs.15,000/- (Rupees fifteen thousand only) with one surety of
the like amount to the satisfaction of the lower Court and
subject to the conditions that he shall,
not
take undue advantage of his liberty or abuse his liberty;
not
act in a manner injurious to the interest of the prosecution;
maintain
law and order;
mark
his presence before the Chhani Police Station on every 1st
and 15th day of English calendar month between 11:00 am
to 2:00 pm:
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
furnish
the address of his residence at the time of execution of the bond
and shall not change the residence without prior permission of this
Court;
surrender
his passport, if any, to the Lower Court immediately.
7. If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to take appropriate action in the
matter.
8. Bail
before the Lower Court having jurisdiction to try the case.
9. Rule
is made absolute. Application is disposed of accordingly.
Direct
service is permitted.
(J.B.PARDIWALA,
J.)
zgs/-
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