R/CR.MA/17878/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 17878 of 2018
FARJANA IMRAN SHAIKH
Versus
STATE OF GUJARAT
Appearance:
MR MATAFER R PANDE(3952) for the PETITIONER(s) No. 1,2
MR.H.K.PATEL, APP, (2) for the RESPONDENT(s) No. 1
CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 08/10/2018
ORAL ORDER
1. This application is filed by the applicants under Section
438 of the Code of Criminal Procedure, 1973 for anticipatory
bail in the event of their arrest in connection with FIR
registered at C.R. No.I-300 of 2018 with Salabatpura Police
Station for the offence punishable under Sub-Sections 323,
504, 506(2), 498A, 313 and 114 of the Indian Penal Code and
under Sections 3, 5 and 7 of the Prohibition of Dowry Act.
2. 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.
3. On the other hand, the learned Additional Public
Prosecutor appearing for the respondent-State has opposed
this application and granting anticipatory bail to the applicants
looking to the nature and gravity of the offence.
4. I have heard the learned advocates appearing for the
respective parties, perused the investigation papers and have
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also taken into consideration the facts of the case, nature of
allegations, role attributed to the applicants-accused. Without
discussing the evidence in detail, at this stage, I am inclined to
grant anticipatory bail to the applicants. This Court has also
taken into consideration the law laid down by the Hon’ble Apex
Court in the case of Siddharam Satlingappa Mhetre vs.
State of Maharashtra and Others, reported at [2011] 1
SCC 6941, wherein the Hon’ble Apex Court has reiterated the
law laid down by the Constitutional Bench in the case of Shri
Gurubaksh Singh Sibbia and others, reported at (1980) 2
SCC 665.
Following aspects are also considered:-
(I) The applicants are lady accused.
II) In the FIR also, no specific allegations of mistreatment
at the behest of the applicants, whereas all the
allegations are directed against the husband.
III) The applicant No.1, is sister-in-law and is residing
separately.
IV) Learned Additional Public Prosecutor under the
instructions of the Investigating Officer is unable to bring
on record any special circumstances against the
applicants.
5. Learned Advocate for the applicants on instructions
states that the applicants are ready and willing to abide by all
the conditions, including imposition of conditions with regard
to the powers of Investigating Agency to file an application
before the competent court for their remand. He would further
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submit that upon filing of such application by the Investigating
Agency, the right of the applicants-accused to oppose such
application on merits may be kept open.
6. In the result, the present application is allowed by
directing that in the event of arrest of the applicants herein in
connection with FIR registered as C.R.No.I-300 of 2018
before Salabatpura Police Station, 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 :
(a) shall cooperate with the investigation and make
himself available for interrogation whenever required;
(b) shall remain present at the concerned Police Station
on 15.10.2018 between 11.00 AM and 02.00 PM;
(c) shall 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) shall not obstruct or hamper the police investigation
and shall not to play mischief with the evidence collected
or yet to be collected by the police;
(e) shall, 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;
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(f) shall not leave India without the permission of the
Court and if 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;
7. 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.
8. 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. The application is allowed accordingly.
Rule is made absolute in the aforesaid terms. Direct service is
permitted.
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(A.Y. KOGJE, J)
Siddharth
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