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Hansaben Bhanubhai (Khant) … vs State Of Gujarat on 6 March, 2017

                 R/CR.MA/5949/2017                                             ORDER




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 5949 of 2017

         ==========================================================
              HANSABEN BHANUBHAI (KHANT) LALAKIYA  1....Applicant(s)
                                    Versus
                       STATE OF GUJARAT....Respondent(s)
         ==========================================================
         Appearance:
         MR HRIDAY BUCH, ADVOCATE FOR
         MR NISHANT LALAKIYA, ADVOCATE for the Applicant(s) No. 1 - 2
         MS MOXA THAKKAR, APP for the Respondent(s) No. 1
         ==========================================================

          CORAM: HONOURABLE MR.JUSTICE S.H.VORA

                                     Date : 06/03/2017


                                      ORAL ORDER

2. Heard Mr. Hriday Buch, learned advocate, for Mr.
Nishant Lalakiya, learned advocate for the applicants and Ms.
Moxa Thakkar, learned APP, for the respondent-State.

3. This application is filed under Section 439 of the Code of
Criminal Procedure for regular bail in connection with F.I.R.
registered at C.R. No. I – 8/2017 with Jetpur Taluka
Police Station for the offences punishable under Sections
498A
, 306 and 114 of the IPC.

4. Considering the investigation papers supplied by learned
APP during the course of hearing, it appears that general
allegations are levelled against the present applicants who
are parents-in-law aged about 65 and 70 years respectively.




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                  R/CR.MA/5949/2017                                            ORDER



There is no possibility or likelihood of tempering with the
evidence. Therefore, the present application deserves
consideration.

5. Hence, the application is allowed and the applicants are
ordered to be released on bail in connection with C.R. No. I –
8/2017 with Jetpur Taluka 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 injuries 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 and
attend the Court concerned regularly;

[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 Authorities 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

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R/CR.MA/5949/2017 ORDER

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.

(S.H.VORA, J.)
Tausif

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