R/CR.MA/28907/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 28907 of 2017
MANSANGBHAI GANDUBHAI DHANDHUKIYA (KOLI) 1….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)
Appearance:
DARSHAN M VARANDANI, ADVOCATE for the Applicant(s) No. 1 – 2
MR LB DABHI APP for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 05/12/2017
ORAL ORDER
1. Heard learned advocate for the applicants and learned
A.P.P. for the respondent – State.
2. This application is filed under Section 439 of the Code of
Criminal Procedure for regular bail in connection with F.I.R.
being C.R.No.I-141 of 2017 registered with Gandhidham ‘B’
Division police station for the offences punishable under
Sections 306, 498A and 114 of the Indian Penal Code.
3. Considering the chargesheet papers supplied by the
learned A.P.P. during the course of hearing, it appears that
general allegations are made against the present applicants.
Further, offence registered against the applicants does not
provide punishment either for life imprisonment or death
penalty. Therefore, the present application deserves
consideration.
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4. Hence, the application is allowed and the applicants are
ordered to be released on bail in connection with C.R.No.I-141
of 2017 registered with Gandhidham ‘B’ Division police station
on executing a bond of Rs.10,000/- (Rupees Ten Thousand
only) each with one surety of the like amount to the
satisfaction of the 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 injurious to the interest of the
prosecution;
[c] not leave the territory of India without prior
permission of the Sessions Judge concerned;
[d] appear before the Investigation Officer concerned,
as and when required for investigation purpose.
[e] furnish the present address of residence along with
the proof to the I.O. concerned and also to the Court
at the time of execution of the bond and shall not
change the residence without prior permission of
Sessions Court concerned;
5. The competent authority will release the applicants only
if they are 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 take
appropriate action in the matter. Bail bond to be executed
before the 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, the trial court shall not be influenced by the observations
of preliminary nature, qua the evidence at this stage, made by
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R/CR.MA/28907/2017 ORDER
this Court while enlarging the applicants on bail.
6. Rule made absolute to the aforesaid extent. Direct
service is permitted.
(S.H.VORA, J.)
Hitesh
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