Rule.
Mr.A.J.Desai, learned Additional Public Prosecutor waives service of notice of Rule on behalf of the Respondent State of Gujarat.
The present application has been filed by the applicant-accused under Section 439 of Criminal Procedure Code for regular bail.
The applicant accused is charged with having committed offences under Sections 498(A), 306 and 114 of the Indian Penal Code, for which, FIR has been lodged being I-C.R.No.11/2009 at Salaya Police Station, District : Jamnagar.
Learned counsel, Mr.K.H. Dholakia for the applicant-accused submitted that the allegations against the present applicant, who is father-in-law, are of general nature and he is aged about 55 years and is also having ailment and, therefore, the present application may be allowed. He further submitted that the applicant has been residing separately and, therefore, the allegations made with regard to demand are not justified. It is, therefore, submitted that the present application may be allowed.
Learned A.P.P., Mr.H.L. Jani resisted the present application and referred to the statements of witnesses including the neighbour and friends of the deceased about the harassment caused to her. Mr.Jani submitted that though the applicant may be residing separately, the applicant as a father-in-law, is also said to have abetted and the harassment is caused by the husband as well as in-laws. He further submitted that as now the chargesheet has not been filed, the present application may not be allowed.
Having regard to the nature of offences alleged, manner in which it is alleged to have been committed, role attributed and considering the fact that the applicant is the father-in-law residing separately and the main role is attributed to the husband, which has been referred in the statements of the witnesses, the present application deserves to be allowed.
Accordingly, present application stands allowed. The applicant viz., Khimkaranji Mungarji @ Mangalji Jadeja is ordered to be released on regular bail in connection with I-C.R.No.11/2009 registered with Salaya Police Station, District : Jamnagar on his executing a bond of Rs.5,000/- (Rupees Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the lower Court and subject to the conditions that he shall:
(a) not take undue advantage of his liberty or abuse his liberty.
(b) not to try to tamper or pressurize the prosecution witnesses or complainant in any manner.
(c) not act in any manner injurious to the interest of the prosecution.
(d) maintain law and order and should cooperate the investigating officers.
(e) furnish the address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change his residence without prior permission of the Court.
(f) surrender his passport, if any, to the lower Court, within a week.
(g) mark his presence before concerned Police Station 1st day of every calender month between 11:00 AM and 2:00 PM till the chargeshet is filed.
If breach of any of the above conditions is committed, the concerned Sessions Judge will be free to issue warrant or take appropriate action in the matter.
Bail before the lower Court having jurisdiction to try the case. It would be open to the trial Court concerned to give time to furnish the solvency certificate if prayed for.
Rule is made absolute to the aforesaid extent. Direct service permitted.
(RAJESH H.SHUKLA, J.) /patil Top