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Gitaben W/O Natvarlal Shrimali vs State Of Gujarat on 23 February, 2018

R/CR.MA/3281/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO.
3281 of 2018

GITABEN W/O NATVARLAL SHRIMALI….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)

Appearance:
MR.AMIT R JOSHI, ADVOCATE for the Applicant(s) No. 1
MR KL PANDYA, ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI

Date : 23/02/2018

ORAL ORDER

1. Heard learned advocate for the applicant and learned APP for
the respondent-State.

2. This application is filed seeking bail under Section 439 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 which FIR came to be registered at C.R. No.I-241 of 2017
with Chandkheda Police Station.

3. Having considered the rival contentions, it appears that the
only allegation against the petitioner is that she frequently scolded
and taunted the deceased – her daughter-in-law for deficiencies in
her house-hold works and making the food. There are no
allegations attracting the definition of cruelty under Section 498A,
in the FIR. Thus the case for admitting the petitioner to bail is
made out in absence of apprehension against the petitioner
tampering with the evidence or threating the witnesses or fleeing
from trial.

Page 1 of 3

R/CR.MA/3281/2018 ORDER

4. Hence, this application is allowed and applicant is ordered to
be released on bail in connection with CR No.I-241 of 2017
registered with Chandkheda 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 she shall;

(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 her passport, if any, to the lower court within a
week;

(d) not leave the territory of India without prior permission
of the Sessions Judge concerned;

(e) mark presence in the concerned police station once in a
calendar month;

(f) furnish the present address of residence along with the
proof to the Investigating Officer concerned and also to
the trial court at the time of execution of the bond and
shall indicate change of residential address if any to the
trial court.

5. The competent authority will release the applicant only if she
is not required in connection with any other offence for the time
being.

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

5.2 Bail bond to be executed before the lower court having
jurisdiction to try the case.

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R/CR.MA/3281/2018 ORDER

5.3 It will be open for the concerned Court to delete, modify

and/or relax any of the above conditions in accordance with law.

5.4 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.

(G.R.UDHWANI, J.)

Dolly

Page 3 of 3

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