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Hanifaben Mansurkhan Baluchi vs State Of Gujarat on 23 January, 2020

R/CR.MA/1477/2020 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 1477 of 2020

HANIFABEN MANSURKHAN BALUCHI
Versus
STATE OF GUJARAT

Appearance:
MR PRATIK B BAROT(3711) for the Applicant(s) No. 1,2
MR MITESH AMIN, SENIOR COUNSEL AND PP (2) for the Respondent(s)
No. 1

CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

Date : 23/01/2020

ORAL ORDER

1. Rule. Learned PP, Mr.Amin waives service of
notice of Rule on behalf of respondent-State.

2. By way of the present application under
Section 438 of the Code of Criminal
Procedure, 1973, the applicants-accused have
prayed for anticipatory bail in connection
with the FIR being C.R. No. I-139 of 2019
registered with Rajpipla Police Station,
Narmada for the offenses punishable under
Sections 498A, 306, 504 and 114 of the Indian
Penal Code.

3. Learned advocate for the applicants submits
that the nature of allegations are such for
which custodial interrogation at this stage
is not necessary. He further submits that the
applicants will keep themselves available

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R/CR.MA/1477/2020 ORDER

during the course of investigation, trial
also and will not flee from justice.

4. 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 powers of Investigating Agency
to file an application before the competent
Court for his remand. He further submits that
upon filing of such application by the
Investigating Agency, the right of applicants
accused to oppose such application on merits
may be kept open. Learned advocate,
therefore, submitted that considering the
above facts, the applicants may be granted
anticipatory bail.

5. Learned Public Prosecutor appearing on behalf
of the respondent – State has opposed grant
of anticipatory bail looking to the nature
and gravity of the offence.

6. Having heard the learned advocates for the
parties and perusing the material placed on
record and taking into consideration the
facts of the case, nature of allegations,
gravity of offences, role attributed to the
accused, without discussing the evidence in
detail, at this stage, I am inclined to grant
anticipatory bail to the applicants.

7. This Court has considered following aspects;

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R/CR.MA/1477/2020 ORDER

(a) the applicants are lady accused;

applicant no.1 is mother-in-law whereas the
applicant no.2 is sister-in-law of the
deceased; (b) it is submitted that marriage
span of the deceased with the son of the
applicant no.1 was more than 12 years; (c) I
have considered the allegations levelled
against the applicants and material placed on
record; looking to the over all facts and
circumstances of the present case, I am
inclined to consider the case of the
applicants.

8. 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 Ors., reported
at [2011] 1 SCC 694, wherein the Hon’ble Apex
Court reiterated the law laid down by the
Constitution Bench in the case of Shri
Gurubaksh Singh Sibbia Ors. Vs. State of
Punjab, reported at (1980) 2 SCC 565.

9. In the result, the present application is
allowed. The applicants are ordered to be
released on bail in the event of their arrest
in connection with a FIR being C.R. No. I –
139 of 2019 registered with Rajpipla Police
Station, Narmada on their executing a
personal bond of Rs.10,000/- (Rupees Ten
Thousand Only) each with one surety of like

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R/CR.MA/1477/2020 ORDER

amount on the following conditions that they
shall:

(a) shall cooperate with the investigation
and make themselves available for
interrogation whenever required;

(b) shall remain present at concerned Police
Station on 30.1.2020 between 11.00 a.m.
and 2.00 p.m.;

(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 from
disclosing such facts to the court or to
any police officer;

(d) shall 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) shall at the time of execution of bond,
furnish the address to the investigating
officer and the court concerned and
shall not change his residence till the
final disposal of the case till further
orders;

(f) shall not leave India without the
permission of the concerned trial court
and if having passport shall deposit the
same before the concerned 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 it on merits;

10. Despite this order, it would be open for the

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R/CR.MA/1477/2020 ORDER

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 applicant, 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.

11. At the trial, the concerned trial court shall
not be influenced by the prima facie
observations made by this Court in the
present order.

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

(VIPUL M. PANCHOLI, J)
SRILATHA

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