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State vs Nos.1-2

High Court Of Gujarat|18 November, 2010


Mr.Nirav Majmudar, learned counsel for the applicants restricted this application for applicant No.1 - Jayaben Kalidas Vasava and on instruction he does not press qua applicant No.2 - Jigneshbhai Kalidas Vasava at this stage. Permission as prayed for is granted. Amendment to be carried out forthwith. Rule is restricted qua applicant No.1 only.
This application is filed under Section 439 of the Code of Criminal Procedure in connection with First Information Report registered at C.R.No.I - 174 of 2010 with Gorwa Police Station, Vadodara for the offences punishable under Sections 307, 323, 504 and 114 etc. of the Indian Penal Code and under Section 135 of the Bombay Police Act.
Mr.Nirav Majmudar, learned counsel appearing for the applicants submits that there is no overt act on the part of the applicant No.1 and a bamboo stick was hit on the head of the deceased by one Kalidas. Besides a charge-sheet is filed and by imposing suitable conditions the applicant being a lady may be enlarged on bail.
However, Mrs.Krina Calla, learned APP for the respondent - State submits that the applicant had also participated in commission of crime and, therefore, she may not be enlarged on bail.
Having heard learned counsel for the parties and considering overall facts and circumstances of the case and the role attributed to the applicant being a lady and prima facie, it appears that she has not played any overt act in commission of crime. At this stage, she deserves to be enlarged on bail.
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 First Information Report registered at C.R.No.I - 174 of 2010 with Gorwa Police Station, Vadodara, on executing bond of Rs.5,000/- [Rupees Five 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 her passport, if any, to the lower Court within a week;
(d) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
(e) mark her presence at the concerned Police Station on the first Sunday of every month between 10.00 a.m and 3.00 p.m for three months only;
(f) furnish the present address of residence to the Investigating Officer 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 of she is 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 issue warrant or take appropriate action in the matter.
Bail bond to be executed before the lower Court having jurisdiction to try the case.
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 extend qua applicant No.1 only. Direct Service is permitted.
[ ANANT S. DAVE, J. ] vijay Top
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State vs Nos.1-2


High Court Of Gujarat

18 November, 2010