Rule.
Mr.Pandya, learned APP appears and waives service of rule for respondent - State.
The instant application is filed seeking regular bail under Section 439 of the Code of Criminal Procedure in connection with Dhrangadhra City police station CR No.II-3036 of 2011 for the offences punishable under Sections 323, 498A, 504, 506(2), 306 and 114 of the IPC.
Mr.Parikh, learned advocate for the applicant, at the outset, submitted that in the instant matter, other family members have been released on regular bail by the Sessions Court, but the application of the applicant - lady accused came to be rejected. He drew my attention to the relevant part of the FIR, so also certain observations made by the Sessions Court in the order rejecting the bail.
Heard Mr.Pandya, learned APP for the respondent - State.
Considering the facts and circumstances of the case, so also considering the role attributed to the applicant - lady accused, and considering the observations made by Sessions Court in the order rejecting the bail, this Court is of the opinion that the application deserves to be allowed.
Learned counsel for the parties do not press for further reasoned order.
In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be released on bail in connection with Dhrangadhra City police station CR No.II-3036 of 2011, 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 she 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) surrender passport, if any, to the lower court within a week;
(d) not leave India without prior permission of the Sessions Judge concerned;
(e) furnish the present address of residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court;
The Authorities will release the applicant only if not required in connection with any other offence for the time being.
If breach of any of the above conditions is committed, the trial Court concerned will be free to issue warrant or take appropriate action in the matter.
Bail bond to be executed before the lower court having jurisdiction to try the case.
For modification and/or deletion of any of the conditions herein above, the applicant/s will be at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order 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.
Rule is made absolute to the aforesaid extent. D.S. Permitted.
(J.C.UPADHYAYA, J.) (binoy) Top