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Hashmukhbhai Dhirubhai … vs State Of Gujarat on 15 March, 2018

R/CR.MA/4327/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION NO. 4327 of 2018

HASHMUKHBHAI DHIRUBHAI JINJUVADIYA
Versus
STATE OF GUJARAT

Appearance:
A R SHAH(7768) for the PETITIONER(s) No. 1
MS NISHA THAKORE APP (2) for the RESPONDENT(s) No. 1

CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 15/03/2018
ORAL ORDER

1. Heard learned advocate for the applicant 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-2 of 2018 registered with Surendranagar City ‘B’
Division police station for the offences punishable under
Sections 498A and 304B of the Indian Penal Code.

3. Briefly stated, it is alleged that marriage of the applicant
with the deceased took place before 6 years from the date of
incident and out of wedlock, they have two children. It is
alleged that time and again, the applicant was sending his wife
(deceased) to her parental home and was demanding money
and a shop belonged to the complainant. It is further alleged
that because of the cruel treatment given to the deceased, she
tried to commit suicide twice. It is alleged that on 11.01.2018,
the dead body of the deceased – wife was found from the
Narmada cannel and, therefore, present complaint came to be
lodged.

Page 1 of 3

R/CR.MA/4327/2018 ORDER

4. Considering the police papers supplied by the learned
A.P.P. during the course of hearing, it appears that substantial
investigation is over. It further appears that demand of shop
and money is alleged against the applicant – husband but,
there is no any history of demand, alleged against the
applicant, by the deceased when she made attempt to commit
suicide twice. Therefore, present application deserves
consideration.

5. Hence, the application is allowed and the applicant is
ordered to be released on bail in connection with C.R.No.I-2 of
2018 registered with Surendranagar City ‘B’ Division police
station on executing a bond of Rs.10,000/-(Rupees Ten
Thousand only) with one surety of the like amount to the
satisfaction of the trial Court and subject to the conditions that
the applicant 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 and
attend 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;

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R/CR.MA/4327/2018 ORDER

6. The competent authority will release the applicant only if
the applicant is 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 applicant on
bail.

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

8. The learned A.P.P. places affidavit filed by the concerned
I.O. pursuant to order dated 28.02.2018 whereby, notice was
issued under Section 174 of the Indian Penal Code upon the
concerned I.O. for not remaining present before this Court. The
said affidavit is ordered to be taken on record. Considering the
explanation furnished by the concerned I.O., notice issued
under Section 174 of the Indian Penal Code is discharged.
However, the concerned I.O. is directed to be more careful in
future, otherwise, strict view would be taken.

(S.H.VORA, J.)
Hitesh

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