Bhavarlal Jagmalji Bisnoi and anr. Vs. State of Gujarat. - Court Judgment

Excerpt:
[d. k. jain ; h. l. dattu, jj.] - hindu marriage act, 1955 - section 13b - divorce by mutual consent -- subsequently, in 2001, the parties filed a petition under section 13b of the act before the district court, gurgaon, for dissolution of the marriage by grant of a decree of divorce by mutual consent. (b) whether the court can grant a decree of divorce by mutual consent when the consent has been withdrawn by one of the parties, and if so, under what circumstances. 13b. divorce by mutual consent. 6) admittedly, the parties had filed a petition for divorce by mutual consent expressing their desire to dissolve their marriage due to temperamental incompatibility on 17.08.2001. on the question of whether one of the parties may withdraw the consent at any time before the actual decree of..........ahmedabad and they shall not leave the local limits of ahmedabad as well as chandkheda, without prior permission of this court except entering into gandhinagar district for attending the trial court. he has further submitted that even a further condition be added that if the applicants are involved in similar activities again or any other criminal activities, the bail granted to the applicants can be cancelled immediately.4. considering the above and looking to the nature of allegation against the applicants and considering the fact that other co-accused are already released on bail, i find that this is a fit case for granting bail. under the circumstances, the applicants are ordered to be released on bail in connection with prohi. c.r. no. 191/2010 registered with pethapur police.....

Judgment:
1. Rule. Mr.Ashish Desai, Learned APP, waives service of notice of Rule on behalf of respondent-State.

2. The applicants original accused Nos.1 & 2 have preferred the present application under Section 439 of the Code of Criminal Procedure to release them on bail in connection with Prohi. C.R. No. 191/2010 registered with Pethapur Police Station, for the offences punishable under Sections 66(B), 65(a)(e), 116(b) and 81 of the Bombay Prohibition Act,1949.

3. Mr.P.Y.Divyeshwar, learned advocate for Mr.Mulia, learned advocate appearing on behalf of the applicants has submitted that other co-accused are already released on bail. He has further submitted that the applicants are ready and willing to abide by any condition, which may be imposed by this Court while releasing them on bail. He has further submitted that the applicants shall reside at 303/B, Vaishnav Devi Complex, Nr.Chandkheda Bus Stand, Chandkheda, Ahmedabad and they shall not leave the local limits of Ahmedabad as well as Chandkheda, without prior permission of this Court except entering into Gandhinagar district for attending the Trial Court. He has further submitted that even a further condition be added that if the applicants are involved in similar activities again or any other criminal activities, the bail granted to the applicants can be cancelled immediately.

4. Considering the above and looking to the nature of allegation against the applicants and considering the fact that other co-accused are already released on bail, I find that this is a fit case for granting bail. Under the circumstances, the applicants are ordered to be released on bail in connection with Prohi. C.R. No. 191/2010 registered with Pethapur Police Station on their furnishing bond of Rs.20,000/-(Rupees Twenty Thousand) with one surety of like amount to the satisfaction of the lower Court and subject to following conditions that they shall :

1. not take undue advantage of their liberty or abuse their liberty;

2. not act in a manner injurious to the interest of the prosecution;

3. maintain law and order;

4. not indulge in similar illegal activity and/or any illegal activity;

5. mark their presence before the Chandkheda Police Station on every 1^st and 15^th day of English Calendar month between 11:00 am to 2:00 pm till commencement of the trial:

6. not leave the local limits of Ahmedabad Corporation as well as Chandkheda without prior permission of this Court except entering into Gandhingar district for attending the Trial Court;

7. furnish address of Chandkheda where they are going to reside to the Investigating Officer at the time of execution of bond and shall not change the residence without prior permission of this Court;

8. furnish the address of their permanent residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;

9. surrender their passport, if any, to the Lower Court immediately

5. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.

6. Bail before the Lower Court having jurisdiction to try the case. Rule is made absolute to the aforesaid extent. Direct service is permitted.