Tuesday, July 30, 2013

BE ARRESTD if U male/relative of male. 498a on man who went FIL's house see his newborn son. Sister in Law dies & so 498a on him. He runs for bail and finally Bail granted by Honourable Gujarat HC. so bottomline, even IF you are a relative of a male, you may be in soup !!! Learning / notes ****************************** "......He further urges that applicant no.2 is brother-inlaw of the deceased, who resides at Delhi and since his wife had delivered a baby child in July 2012, he had come to visit child and he has nothing to do any with the allegations and therefore, he should be enlarged on bail......" ****************************************************************** This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of S

BE ARRESTD if you are a male / or just a relative of male!!. Here is a 498a case on man who went to his FIL's house to see his newborn son. His Sister in Law dies & so 498a is filed on him. Otherwise he lives in Delhi and has nothing to do with the victim / deceased .... He runs for bail and finally Bail granted by Honourable Gujarat HC. so bottomline, even IF you are a relative of a male, you may be in soup !!!


Learning / notes
******************************
"......He further urges that applicant no.2 is brother-inlaw of the deceased, who resides at Delhi and since his wife had delivered a baby child in July 2012, he had come to visit child and he has nothing to do any with the allegations and therefore, he should be enlarged on bail......" 




******************************************************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

******************************************************************
CASE FROM http : / / gujarathc - casestatus . nic . in / SITE 
******************************************************************




IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION No. 11071 of 2012

*********************************************************

ABDUL HAMID IDAYATULLA SHAIKH & 1 - Applicant(s)

Versus

STATE OF GUJARAT - Respondent(s)

*********************************************************

Appearance :

MR NIRAV C THAKKAR for Applicant(s) : 1 - 2.

MR RC KODEKAR ADDL PUBLIC PROSECUTOR for Respondent(s) : 1,

*********************************************************
CORAM : HONOURABLE MS JUSTICE SONIA GOKANI

Date 31st July 2012

ORAL ORDER

Leave to amend shall be carried out forthwith.

This application has been preferred under section 439 of CrPC in connection with FIR being I-CR No.43/2012 registered with Vaso Police Station, Nadiad for the offences punishable under Sections 498(A), 306 & 114 IPC.

Learned advocate Mr. Thakkar does not press this application qua applicant no.1. He further urges that applicant no.2 is brother-inlaw of the deceased, who resides at Delhi and since his wife had delivered a baby child in July 2012, he had come to visit child and he has nothing to do any with the allegations and therefore, he should be enlarged on bail.

Learned APP Mr. RC Kodekar does not dispute the fact that applicant no.2 is residing at Delhi and he had visited his wife shortly. He, of course, stated that allegations against him as well as in the complaint are of general nature.

Considering the fact the allegations made qua this applicant is general in nature. However, the fact that applicant does not reside in Gujarat but is the resident of New Delhi and has recently visited in wake of birth of child given by his wife, who is the sister-in-law of the deceased, applicant no.2 is required to be enlarged on regular bail on his furnishing a personal bond Rs.10,000/- (Rupees Ten Thousand Only) with one surety of like amount to the satisfaction of the trial court and subject to the conditions that he;

(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 to leave India without prior permission of the Sessions Judge concerned;

(e) mark presence at Seelampur Police Station, Delhi on 8th day of English Calender month between 11:00 a.m. and 3:00 p.m.;

(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 jail 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 at liberty 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 applicants will be at liberty to approach the concerned Court and such Court shall decide the applicant for modification and/or deletion of any of the conditions of this order in accordance with law.

Rule is made absolute qua applicant no.2. 

Rule is discharged qua applicant no.1. 

Direct service is permitted.

(Ms. Sonia Gokani, J.)

abv/g







FOLLOW 
@ATMwithDick on twitter or 
http://evinayak.tumblr.com/ (recent blog so recent cases ) 
FOR 100s of high court and supreme court cases

-------------

regards

Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist