Hasinaben Rasulsha Shahamdar vs State Of Gujarat on 7 December, 2017

R/CR.MA/29409/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 29409 of 2017

HASINABEN RASULSHA SHAHAMDAR….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)

Appearance:
MR PRATIK B BAROT, ADVOCATE for the Applicant(s) No. 1
MR MITESH AMIN PUBLIC PROSECUTOR for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE S.H.VORA

Date : 07/12/2017

ORAL ORDER

1. Heard Mr. Barot, learned advocate, for the applicant and
learned PP, for the respondent-State.

2. This application is filed under Section 439 of the Code of
Criminal Procedure for regular bail in connection with F.I.R.
registered at C.R. No. I – 163/2017 with Gondal Taluka Police
Station for the offences punishable under Sections 306, 498A
and 114 of the IPC.

2.1 The gist of the case is that the accused persons including
the present applicant used to taunt the deceased after one
year of marriage and due to this the daughter of the
complainant committed suicide by hanging her self.
Therefore, present FIR.

3. Considering the police papers supplied by learned PP
during the course of hearing, it appears that the applicant is a
female accused i.e. mother-in-law of the deceased and

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therefore, there is no possibility or likelihood of fleeing from
justice and escaping from trial. The analysis and scrutiny of
police papers, as it is, does not disclose with unqualified
clarity to come to conclusive finding at threshold the
applicant’s unassailable finding of culpability under section
306 of the IPC. The materials on record do not indicate,
prima facie, any act of cruelty or harassment, mental or
physical, so as to persistently/continuously provoke the
deceased to take extreme step with no other option. No such
persistent or consistent applicant’s conduct, which requires
culpability, is found in the police papers, more particularly,
from the statement of the near and dear to the deceased. No
doubt, the deceased died due to unnatural death and she was
not happy. To attract section 306, there has to be clear mens
rea to commit an offence and active and direct role leading
the deceased to commit suicide. The averments made in the
FIR are very general in its nature allegedly involved entire
family and attributes same and identical role to all the
persons charged. Additionally, the alleged offence do not
provide punishment either life imprisonment or death penalty
and therefore, there is no likelihood or possibility to jump the
bail or escape the trial out of fear of conviction and therefore,
present Criminal Misc. Application deserves consideration.

4. Hence, the application is allowed and the applicant is
ordered to be released on bail in connection with C.R. No. I –
163/2017 with Gondal Taluka Police Station, on executing
a bond of Rs.10,000/-(Rupees Ten Thousand only) with
one surety of the like amount to the satisfaction of the trial
Court and subject to the conditions that the applicant shall;

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[a] not take undue advantage of liberty or misuse
liberty;

[b] not act in a manner injurious to the interest of
the prosecution;

[c] not leave the territory of India without prior

permission of the Sessions Judge concerned;

[d] appear before the Investigation Officer
concerned, as and when required for
investigation purpose and attend the Court
concerned regularly.

[e] furnish the present address of residence along
with the proof to the I.O. concerned and also
to the Court at the time of execution of the
bond and shall not change the residence
without prior permission of Sessions Court
concerned;

5. The competent authority will release the applicant only if
the applicant 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 take appropriate action in the matter. Bail bond to be
executed before the lower court having jurisdiction to try the
case. It will be open for the concerned Court to delete, modify
and/or relax any of the above conditions in accordance with
law. 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.

6. Rule made absolute to the aforesaid extent. Direct
service is permitted.

(S.H.VORA, J.)

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shekhar

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