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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R/CR.MA/19870/2019 ORDER

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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