R/CR.MA/14116/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 14116
of 2017
CHIMANBHAI DAHYABHAI PARMAR….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)
Appearance:
MR SURESH B BHATT, 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 : 14/06/2017
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 (fatherinlaw) is charged
with having committed offences under Sections 498A,
302 and 114 of the Indian Penal Code, for which FIR
being C.R. No. I2 of 2017 has been registered with
Khambholaj Police Station, District : Anand.
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3. Heard learned advocate Shri Suresh Bhatt for the
applicantaccused and learned APP Ms. Jirga Jhaveri
for the respondentState.
4. Learned advocate Shri Suresh Bhatt referred to
the background of the facts and submitted that the
applicant is the fatherinlaw, who was not present at
the time of the incident and, therefore, the
application may be allowed.
5. Learned Public Prosecutor Ms. Jirga Jhaveri for
the respondent – State however, resisted and submitted
that having regard to background of the facts and the
role attributed, the present application may not be
allowed.
6. In view of the rival submissions and having
regard to the background of the facts, role attributed
and the manner in which the offence is alleged to have
been committed, the present application deserves to be
allowed. However, considering the background of the
facts and having regard to the broad guidelines laid
done by the Apex Court with regard to the criteria for
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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. I2 of 2017 has been
registered with Khambholaj Police Station, District :
Anand, 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.
(f) surrender his passport, if any, to the lower
Court, within a week.
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(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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