Rule.
Learned APP Mr.L.B.Dabhi waives service of notice of rule.
Learned counsel appearing for the applicants submitted that charge sheet is filed. It is further submitted that considering the nature of allegations and role attributed to the applicants, by imposing suitable conditions, the applicants may be enlarged on bail. It is also submitted that applicants are in jail since 08.11.2011. It is submitted by the learned advocate that when this incident took place, the present applicants were residing at Rajasthan.
Heard learned APP for the respondent - State.
Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused and the fact that in the complaint itself it is mentioned that at the time of the incident the deceased along with her husband Harishbhai was residing separately at Adalaj, Gandhinagar, and that the other accused who are father-in-law and mother-in-law of the deceased were released by this Court vide order dated 3.2.2012 passed in Criminal Miscellaneous Application No.592 of 2012 coupled with the fact that charge sheet is filed, a case is made out. Hence, this application is allowed. The applicants are ordered to be enlarged on bail in connection with C.R.No.I-158 of 2011 of Adalaj Police Station, District Gandhinagar for the offences punishable under sections 306, 498(A) and 114 of the Indian Penal Code and Sections 3 and 7 of Dowry Prohibition Act, on furnishing bond of Rs.10,000/- (Rupees ten thousand only) each with one surety of the like amount to the satisfaction of the lower Court and on conditions that the applicants shall :
[a] not take undue advantage of liberty or abuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] maintain law and order;
[d] mark presence before the concerned Police Station on every 1st and 15th day of English Calender month between 11.00 a.m. and 2 p.m for three months;
[e] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[f] furnish the address of residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
[g] surrender passport, if any, to the Lower Court immediately.
If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.
At the trial, the trial court shall not be influenced by the prima facie observations made by this Court while enlarging the applicants on bail.
Bail before the Lower Court having jurisdiction to try the case. Rule is made absolute. Direct service is permitted.
( M.D.Shah, J ) srilatha Top