Gujarat High Court
Shibtealikhan Chhotekhan Pathan & vs State Of Gujarat on 23 December, 2016
Author: A.J.Desai
Bench: A.J.Desai
R/CR.MA/33599/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 33599 of 2016
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SHIBTEALIKHAN CHHOTEKHAN PATHAN & 1....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR PARTHIV B SHAH, ADVOCATE for the Applicant(s) No. 1 - 2
MR HK PATEL, LD.ADDL.PUBLIC PROSECUTOR for the Respondent(s)
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CORAM: HONOURABLE MR.JUSTICE A.J.DESAI
Date : 23/12/2016
ORAL ORDER
1. The present application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with an offence being C.R.No.I- 169 of 2016 registered with Fategunj Police Station, Vadodara, for the offences punishable under Sections 498(A), 304(B), 306, 114, etc. of the Indian Penal Code and Sections 3 and 7 of the Dowry Prohibition Act.
2. Mr.Parthiv Shah, learned advocate appearing on behalf of the applicants submits that considering the nature of offence, the applicants may be enlarged on regular bail by imposing suitable conditions.
3. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence.
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4. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.
5. I have heard learned advocates appearing on behalf of the respective parties and perused the papers of investigation and considered the allegations levelled against the applicants and the role played by the applicants, who are brother-in-law and his wife.
6. In the facts and circumstances of the case and considering the nature of allegations made against the applicants in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicants on regular bail. Hence, the present application is allowed and the applicants are ordered to be released on regular bail in connection with an offence being C.R.No.I- 169 of 2016 registered with Fategunj Police Station, Vadodara, on executing a personal bond of Rs.10,000/- each (Rupees Ten thousands only) with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that they shall;
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injuries to the interest of the prosecution;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave the State of Gujarat without prior
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permission of the Sessions Judge concerned; [e] applicant No.1 shall mark his presence before the concerned Police Station on every Monday for a period of three months and thereafter on any day of first week of each English Calendar Month for a period of one year;
[f] furnish latest 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;
7. The Authorities will release the applicant on regular bail only if he is 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 learned Lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law. At the trial, learned 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.
Direct service is permitted.
[A.J.DESAI,J.] *dipti Page 3 of 3 HC-NIC Page 3 of 3 Created On Sat Dec 24 00:35:01 IST 2016