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Sahdevsinh Khumansinh Chudasma & vs State Of Gujarat on 1 March, 2017

                 R/CR.MA/5374/2017                                             ORDER


               SAHDEVSINH KHUMANSINH CHUDASMA  1....Applicant(s)
                        STATE OF GUJARAT....Respondent(s)
         MR ASHISH M DAGLI, ADVOCATE for the Applicant(s) No. 1 - 2
         MS MOXA THAKKAR APP for the Respondent(s) No. 1


                                     Date : 01/03/2017

                                      ORAL ORDER

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.II-167 of 2016 registered with Mahila police
station, Rajkot City under Sections 498A and 114 of the Indian
Penal Code.

3. Considering the chargesheet papers, it appears that no
allegation is leveled against the applicants in the dying
declaration recorded on 03.12.2016 by the learned Executing
Magistrate, Rajkot. Therefore, present application deserves

4. Hence, the application is allowed and the applicants are
ordered to be released on bail in connection with C.R.No.II-167

Page 1 of 3

HC-NIC Page 1 of 3 Created On Thu Mar 02 00:47:45 IST 2017
R/CR.MA/5374/2017 ORDER

of 2016 registered with Mahila police station, Rajkot City 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 injuries 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;

5. 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 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.

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

                                        Page 2 of 3

HC-NIC                               Page 2 of 3      Created On Thu Mar 02 00:47:45 IST 2017
                   R/CR.MA/5374/2017                                           ORDER

                                                                             (S.H.VORA, J.)

                                         Page 3 of 3

HC-NIC                                Page 3 of 3      Created On Thu Mar 02 00:47:45 IST 2017

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