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Anwar Haji Ismail Gandhar vs State Of Gujarat on 22 February, 2018

R/CR.MA/3813/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 3813 of 2018
With
CRIMINAL MISC.APPLICATION NO. 3815 of 2018

ANWAR HAJI ISMAIL GANDHAR….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)

Appearance:
MR MAHESH PUJARA FOR MR ASHISH M DAGLI, ADVOCATE for the
Applicant(s) No. 1
MS NISHA THAKORE APP for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE S.H.VORA

Date : 22/02/2018

ORAL ORDER

1. Heard learned advocate Mr.Mahesh Pujara appearing for
learned advocate Mr.A.M. Dagli for the applicants and learned
A.P.P. for the respondent – State.

2. These applications are filed under Section 439 of the
Code of Criminal Procedure for regular bail in connection with
F.I.R. being C.R.No.I-2 of 2018 registered with Salaya Marine
police station for the offences punishable under Sections 498A,
306 and 114 of the Indian Penal Code.

3. Briefly stated, it is alleged that daughter of the
complainant got married before three years with Mr.Imran and
initially the married life was good. It is alleged that since last
one and half year, she was frequently complaining about

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R/CR.MA/3813/2018 ORDER

harassment from her in-laws. It is alleged that on 12.01.2018,
when the complainant returned back from his fishing work, he
found his daughter at home, who told him that she was there
since last five days and thereafter, started crying and upon
asking, she told that her husband left for his job at vessel and
her in-laws have given her physical torture and thereafter, the
complainant has taken his daughter to her matrimonial home
and then she started crying saying that she will not be
survived. It is alleged that the complainant got a call from his
brother-in-law informing that daughter of the complainant died
and thereafter, the complainant alongwith the family
members, rushed to her house and found her died. Thus, the
present complaint came to be lodged.

4. Considering the police papers supplied by the learned
A.P.P. during the course of hearing, it appears that two female
co-accused, namely, Ms.Shabnamben and Ms.Anjumben are
enlarged on regular bail. It appears that the role attributed to
the present applicants is identical as attributed to the said two
co-accused, who are enlarged on bail as per order dated
08.02.2018 passed by this Court in Criminal Misc. Application
No.2693 of 2018. Therefore, on the ground of parity, present
applications deserve consideration.

5. Hence, the applications are allowed and the applicants of
each application are ordered to be released on bail in
connection with C.R.No.I-2 of 2018 registered with Salaya
Marine 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;

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R/CR.MA/3813/2018 ORDER

[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;

6. The competent authority will release the applicants of
each application 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 this Court
while enlarging the applicants on bail.

7. Rule made absolute to the aforesaid extent. Direct
service is permitted.

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(S.H.VORA, J.)
Hitesh

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