R/CR.MA/19870/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 19870 of 2019
JASHUBEN W/O BHARATSINH PARMAR
Versus
STATE OF GUJARAT
Appearance:
PARIMALSINH J VAGHELA(8455) for the Applicant(s) No. 1
MR LB DABHI, APP for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 27/11/2019
ORAL ORDER
1. This application is filed by the applicant under Section 438 of the
Code of Criminal Procedure, 1973 for anticipatory bail in the event
of his arrest in connection with FIR registered at C.R. No.I-54 of
2019 with Limbdi Police Station, Surendranagar for the
offence punishable under Sections 498A, Section306, Section114 of the Indian
Penal Code.
2. Learned Advocate appearing on behalf of the applicant would
submit that considering the nature of offence, the applicant 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 applicant looking to the nature
and gravity of the offence.
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4. I have heard the learned advocates appearing for the respective
parties, perused the investigation papers and have also taken into
consideration the facts of the case, nature of allegations, role
attributed to the applicant- accused. Without discussing the
evidence in detail, at this stage, I am inclined to grant anticipatory
bail to the applicant. This Court has also taken into consideration
the law laid down by the Hon’ble Apex Court in the case of
SectionSiddharam 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 FIR is registered on 04.10.2019 for the offence which is
alleged to have taken place from 03.09.2018 to 04.09.2019;
(II) Submission of learned advocate for the applicant that even from
the allegation in the FIR no overt act is attributed to the applicant
moreover, allegations if any are very general in nature;
(III) considering the fact that even from the FIR the grievance of
deceased appears to be that her husband whom she suspected to
have an extra marital affair;
(IV) considering the applicant being a lady accused;
(V) Learned Additional Public Prosecutor under the instructions of
the Investigating Officer is unable to bring on record any special
circumstances against the applicant.
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5. Learned Advocate for the applicant on instructions states that the
applicant is 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 his remand. He would further submit that upon filing of
such application by the Investigating Agency, the right of the
applicant-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 applicant herein in connection with FIR
registered as C.R. No.I-54 of 2019 with Limbdi Police Station,
Surendranagar the applicant shall be released on bail on his
furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousand
Only) with one surety of the like amount on the following conditions
that he :
(a) shall cooperate with the investigation and make himself
available for interrogation whenever required;
(b) shall remain present at the concerned Police Station on
5th DECEMBER 2019 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 from disclosing such facts to the court or to any police
officer;
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(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
his residence till the final disposal of the case till further orders
without the permission of Trial Court;
(f) To mark presence once in fifteen days before the concerned
Police Station till filing of the charge-sheet;
(g) shall not leave India without the permission of the Trial Court
and if having passport, shall deposit the same before the Trial Court
within a week; and
(h) 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
applicant. The applicant 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
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R/CR.MA/19870/2019 ORDER
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.
8. At the trial, the Trial Court shall not be influenced by the prima facie
observations made by this Court while enlarging the applicant on
bail.
9. The application is allowed accordingly. Rule is made absolute in the
aforesaid terms. Direct service is permitted.
(A.Y. KOGJE, J)
URIL RANA
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