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Lalmiya Jamsherali Shaikh vs State Of Gujarat on 22 November, 2017

R/CR.MA/27411/2017 ORDER



STATE OF GUJARAT….Respondent(s)

DARSHAN M VARANDANI, ADVOCATE for the Applicant(s) No. 1
MR LB DABHI, APP for the Respondent(s) No. 1


Date : 22/11/2017


1. Heard learned advocate, for the applicant and learned
APP, 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.
registered at C.R. No. I – 111/2017 with Gandhidham B
Division Police Station for the offences punishable under
Sections 498A, 306 of the IPC.

3. Considering the chargesheet papers supplied during the
course of hearing, the decision rendered in case of K.V.
Prakash Babu v. State of Karnataka reported in 2016 SCC
Online SC 1363 and more probably some of the witnesses do
not support the allegations made in the FIR and therefore,
present application deserves consideration.

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R/CR.MA/27411/2017 ORDER

4. Hence, the application is allowed and the applicant is
ordered to be released on bail in connection with C.R. No. I –
111/2017 with Gandhidham 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

[a] not take undue advantage of liberty or misuse

[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 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

5. 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

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R/CR.MA/27411/2017 ORDER

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

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

(S.H.VORA, J.)

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