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Rathod(Chamar) Kishorbhai … vs State Of Gujarat on 25 April, 2017

R/CR.MA/10002/2017 ORDER



STATE OF GUJARAT….Respondent(s)

MR TANMAY B KARIA, ADVOCATE for the Applicant(s) No. 1 – 3
MS MOXA THAKKAR APP for the Respondent(s) No. 1


Date : 25/04/2017


1. Heard learned advocate for the applicants 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-70 of 2017 registered with Mahesana Taluka
police station under Sections 498A, 306 and 114 of the Indian
Penal Code.

3. Briefly stated, it is alleged in the complaint that accused
No.1 – Mr.Sureshkumar was retired from army and after
retirement, he was doing job of gateman in railway at
Palavasna. It is alleged that he was quarreling with his wife on
the issues of money and dowry etc. That, on 31.03.2017, the
accused No.1 called the complainant – brother of the deceased
and informed him that his sister has committed suicide by
pouring kerosene on herself and she is taken to the hospital by

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R/CR.MA/10002/2017 ORDER

accused No.1.

4. Considering the papers of investigation supplied by the
learned A.P.P. during the course of hearing and upon perusal
of the statement of Mr.Palace @ Jimmy, son of Mr.Sureshbhai
recorded on 01.04.2017, present application deserves

5. Hence, the application is allowed and the applicants are
ordered to be released on bail in connection with C.R.No.I-70 of
2017 registered with Mahesana 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

[b] not act in a manner injurious to the interest of the

[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 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

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R/CR.MA/10002/2017 ORDER

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.

(S.H.VORA, J.)

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