IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR TRANSIT BAIL) NO.
30322 of 2017
GIRISH SHYAMLAL DANDAY 6….Applicant(s)
STATE OF GUJARAT 1….Respondent(s)
MS VIDITA D JAYSWAL, ADVOCATE for the Applicant(s) No. 1 – 7
MS CM SHAH, APP for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 13/12/2017
1. Respondent no.2 is permitted to be deleted.
2. Rule. Learned APP waives service. Heard learned advocate
for the applicants and learned APP for the respondent-State.
3. The petitioners apprehend their arrest in connection with FIR
being No.I-315 of 2017 dated 03.12.2017 registered with Mahila
Police Station, City Kota, Rajasthan, however, the offence is
punishable under Sections 498A, 406, 420 and 120B of the Indian
Penal Code (for short IPC).
4. The learned counsel for the petitioners submitted that the
petitioners have been summoned to the above said police station by
14.12.2017 and the petitioners desire to report to the said police
station on the said date. The transit bail is thus sought for, for a
period of four weeks.
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5. The learned APP is unable to dispute the fact that the case as
above referred has been registered against the petitioners with the
police station beyond the territories of Gujarat and the petitioners
have the right to move the competent court for their release in the
event of their arrest.
6. It cannot be disputed that as per the settled legal position,
the court within whose jurisdiction the person resides or is sought
to be arrested can exercise powers for transit bail. Having regard
to the nature of accusation in the FIR as also the facts and
circumstances as discussed hereinabove, the case for admitting the
petitioners to transit bail for a period of four weeks from today is
made out on the condition that the petitioners shall report to the
concerned police station at Kota on 14.12.2017.
7. The petition accordingly succeeds to the above extent and it
is directed that for a period of four weeks from this date the
petitioners shall not be arrested.
8. Rule made absolute to the aforesaid extent. Direct service
today is permitted.
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