High CourtsSingle Bench(2006) 06 GUJ CK 0010

Babubhai Manilal Parmar and Another vs State of Gujarat

Gujarat High Court · Decided on 23 June 2006

HON’BLE JUDGES
A.L. Dave, J
CASE NUMBER
Criminal Miscellaneous Application No. 4892 of 2006

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Judgment

19 paragraphs · 367 words

A.L. Dave, J.—Rule. Mr. Bhate, learned Addl. Public Prosecutor for the State waives the service of notice of Rule.

2.

Heard, learned Advocate for the applicants and learned A.P.P. for the opponent State.

3.

Following aspects are considered.

4.

Applicants are facing charges for the offences punishable under Sections 302, 201, 498-A and 114 of the Indian Penal Code.

5.

Investigation is over and charge-sheet is filed.

6.

There are no allegations against the applicants so far as offence punishable under Sections 302 or 302 read with Section 201 are concerned.

7.

Prima-facie, there appears not any material to connect the applicants with those serious offences.

8.

The allegations against the applicants in respect of offence punishable under Sections 498-A of Indian Penal Code are general in nature and are relating to household petty disputes.

9.

Applicant No. 2 is a lady.

10.

Considering the above aspects, the application deserves to be allowed and is allowed. The applicants are ordered to be released on bail in connection with Crime Register Nos. 1-18 of 2006 of Savli Police Station, Dist: Vadodara, on their executing a bond of Rs. 10,000/- (Rupees Ten Thousand only) each with one surety of the each like amount to the satisfaction of the lower 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) maintain law and order;

d) applicant No. 1 only mark his presence before concerned Police Station on 3rd Sunday of every odd numbered English calendar month between 9.00 a.m. and 2.00 p.m.

e) not leave the State of Gujarat without the prior permission of the Sessions Court concerned;

f) furnish the address of their residence at the time of execution of the bond and will not change the residence without prior permission of this Court;

11.

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.

12.

Bail before the lower Court having jurisdiction to try the case.

13.

Rule is made absolute. Direct Service is permitted.