R/CR.MA/29280/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 29280 of
2017
ASHWINBHAI KARSANBHAI PARMAR 4….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)
Appearance:
DHRUVI K DESAI, ADVOCATE for the Applicant(s) No. 1 – 5
MS CM SHAH ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 07/12/2017
ORAL ORDER
1. Affidavit filed by the complainant be recorded.
2. This application is filed seeking bail under Section 438 of the
Code of Criminal Procedure, 1973 in respect of the offences punishable
under Sections 498A, 306 and 114 of the Indian Penal Code ( for short
‘the IPC’) for which FIR came to be registered at C.R. No.I 260 of 2017
with Sector 7 Police Station, Gandhinagar.
3. Heard learned advocate for the applicants and learned APP for
the respondentState.
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4. Learned advocate appearing on behalf of the applicants would
submit that considering the nature of offence, the applicants may be
enlarged on anticipatory bail by imposing suitable conditions. Learned
Advocate for the applicants on instructions states that the applicants are
ready and willing to abide by all the conditions, including the condition
with regard to the powers of Investigating Agency to seek remand of the
petitioners; subject to the petitioners right to oppose it.
5. On the other hand, the learned APP appearing for the
respondentState has opposed this application.
6. Having considered the rival contentions it is noticed that before
the unfortunate death of the victim, there were certain disputes amongst
the victim and her inlaws which had given rise to few complaints.
Reference to the same is also made by the deceased in her suicide
note. Mainly the victim had a grievance about filing of such complaints
against her when she is alleged to be of a violent nature as pointed out
by the learned counsel for the petitioner. He pointed out that as
indicated in such complaints and even otherwise she had on few
occasions attempted an assault and infact assaulted her husband with
the knife. Learned counsel for the petitioner submitted that she had also
attempted to commit suicide on three occasions earlier. Thus looking to
the overall circumstances of the case, in the opinion of this court the
case for admitting the petitioners to bail in anticipation of their arrest is
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made out.
7. In the result, this application is allowed. It is directed that in the
event of arrest of the applicants herein in connection with FIR registered
at C.R. No.I260 of 2017 at Sector 7 Police Station, Gandhinagar the
applicants shall be released on bail on their furnishing a personal bond
of Rs.10,000/ (Rupees ten thousands only) each with one surety of the
like amount on the following conditions that they shall:
(a) cooperate with the investigation and make themselves
available for interrogation whenever required;
(b) remain present at the concerned Police Station on
15.12.2017 between 11.00 a.m. and 2.00 p.m.;
(c) not directly or indirectly make any inducement, threat or
promise to any person acquainted with the fact of the case
so as to dissuade him/them from disclosing such facts to
the court or to any police officer;
(d) not obstruct or hamper the police investigation and not
to play mischief with the evidence collected or yet to be
collected by the police;
(e) at the time of execution of bond, furnish the address to
the investigating officer and the court concerned and shall
not change their residence till the final disposal of the case
till further orders;
(f) not leave India without the permission of the Court and if
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having passport, shall deposit the same before the Trial
Court within a week; and
(g) it would be open to the Investigating Officer to file an
application for remand if he considers it proper and just and
the learned Magistrate would decide the same on merits;
8. Despite this order, it would be open for the Investigating Agency
to apply to the competent Magistrate, for Police remand of the
applicants. The applicants shall remain present before the learned
Magistrate on the first date of hearing of such application and on all
subsequent occasions, as may be directed by the learned Magistrate.
This would be sufficient to treat the accused in the judicial custody for
the purpose of entertaining application of the prosecution for police
remand. This is, however, without prejudice to the right of the accused
to seek stay against an order of remand, if, ultimately, granted, and the
power of the learned Magistrate to consider such a request in
accordance with law. It is clarified that the applicants, even if, remanded
to the Police custody, upon completion of such period of Police remand,
shall be set free immediately, subject to other conditions of this
anticipatory bail order.
9. 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. Rule is made absolute to the above extent. Direct service is
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permitted.
(G.R.UDHWANI, J.)
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