R/CR.MA/11263/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 11263
of 2017
TAHIRHUSSAIN AAMADBHAI SAMA….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)
Appearance:
MR HARSHIL C DATTANI, ADVOCATE for the Applicant(s) No. 1
MS JIRGA JHAVERI APP for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE RAJESH H.SHUKLA
Date : 19/06/2017
ORAL ORDER
1. The present application is filed by the
applicantaccused for grant of regular bail under
Section 439 of the Code of Criminal Procedure.
2. The applicantaccused is charged with having
committed offences under Sections 306, 498A and 114 of
the Indian Penal Code, for which FIR being C.R. No. I
20 of 2017 has been registered with Bhuj City “B”
Division Police Station, District: Kutch.
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3. Heard learned advocate Shri Harshil Dattani for
the applicantaccused and learned APP Ms. Jirga
Jhaveri for the respondentState.
4. Learned advocate Shri Harshil Dattani referred
to the background of the facts and circumstances and
submitted that the allegations are of the routine
nature and with regard to the domestic violence. He,
therefore, submits that other coaccused has been
released as per the order passed in Criminal Misc.
Application No. 218 of 2017 by the District Court,
Bhuj and the present application filed by the husband
may be granted.
5. Learned APP Ms. Jirga Jhaveri for the respondent
– State however, resisted the application and
submitted that the looking to the background of the
facts, the present application may not be entertained.
6. In view of the rival submissions and having
regard to the background of the facts, and the manner
in which the offence is alleged to have been
committed, role attributed and also considering the
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broad guidelines laid down by the Apex Court with
regard to the criteria for the grant of regular bail,
the present application deserves to be allowed.
7. Accordingly, present application stands allowed.
The applicant is ordered to be released on regular
bail in connection with C.R. No. I20 of 2017 has been
registered with Bhuj City “B” Division Police Station,
District : Bhuj, on his executing a bond of Rs.5,000/
(Rupees Five Thousand Only) with one solvent surety
each of the like amount to the satisfaction of the
lower Court and subject to the conditions that he
shall:
(a) not take undue advantage of his liberty or
abuse his liberty.
(b) not to try to tamper or pressurize the
prosecution witnesses or complainant in any
manner.
(c) not act in any manner injurious to the
interest of the prosecution.
(d) maintain law and order and should cooperate
the investigating officers.
(e) furnish the address of his residence to the
Investigating Officer and also to the Court
at the time of execution of the bond and
shall not change his residence without prior
permission of the Court.
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(f) surrender his passport, if any, to the lower
Court, within a week.
(g) mark his presence before concerned Police
Station 1st and 10th day of every calender
month between 11:00 AM and 4:00 PM.
8. If breach of any of the above conditions is
committed, the concerned Sessions Judge will be free
to issue warrant or take appropriate action in the
matter.
9. Bail before the lower Court having jurisdiction
to try the case. It would be open to the trial Court
concerned to give time to furnish the solvency
certificate if prayed for.
10. Rule is made absolute. Direct service permitted.
(RAJESH H.SHUKLA, J.)
/phalguni/
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