SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Jasiben Rangaji Parmar vs State Of Gujarat on 2 July, 2019

R/CR.MA/12097/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 12097 of 2019

JASIBEN RANGAJI PARMAR
Versus
STATE OF GUJARAT

Appearance:
KUMAR H TRIVEDI(9364) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR LB DABHI, APP(2) for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

Date : 02/07/2019

ORAL ORDER

1. Rule. Learned APP, Mr.Dabhi 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 applicant-accused has
prayed for anticipatory bail in connection
with the FIR being C.R. No. I – 28 of 2019
registered with Vadali Police Station,
Sabarkantha for the offenses punishable under
Sections 306, Section498A and Section114 of the Indian
Penal Code.

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

Page 1 of 6

Downloaded on : Wed Jul 03 00:20:19 IST 2019
R/CR.MA/12097/2019 ORDER

applicant will keep herself available during
the course of investigation, trial also and
will not flee from justice.

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

5. Learned Additional 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

Page 2 of 6

Downloaded on : Wed Jul 03 00:20:19 IST 2019
R/CR.MA/12097/2019 ORDER

anticipatory bail to the applicant. This
Court has also considered the aspects that;

(i) the applicant is lady accused and mother-
in-law of the deceased; (ii) marriage span of
the deceased with the accused no.3 was more
than eight years; (iii) it is submitted by
learned advocate for the applicant that the
applicant is residing separately; (iv)
inspite of that, the applicant has been
falsely implicated for the alleged incident;
looking to the over all facts and
circumstances of the present case, this
application is allowed. 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.

7. In the result, the present application is
allowed. The applicant is ordered to be
released on bail in the event of her arrest
in connection with a FIR being C.R. No. I -28
of 2019 registered with Vadali Police
Station, Sabarkantha on her executing a
personal bond of Rs.10,000/- (Rupees Ten

Page 3 of 6

Downloaded on : Wed Jul 03 00:20:19 IST 2019
R/CR.MA/12097/2019 ORDER

Thousand Only) with one surety of like amount
on the following conditions:

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

(b) shall remain present at concerned Police
Station on 9.7.2019 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;

Page 4 of 6

Downloaded on : Wed Jul 03 00:20:19 IST 2019
R/CR.MA/12097/2019 ORDER

(f) shall not leave India without the

permission of the Sessions 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 it on merits;

8. 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 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

Page 5 of 6

Downloaded on : Wed Jul 03 00:20:19 IST 2019
R/CR.MA/12097/2019 ORDER

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.

9. At the trial, the Trial Court shall not be
influenced by the prima facie observations
made by this Court in the present order.

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

(VIPUL M. PANCHOLI, J)
SRILATHA

Page 6 of 6

Downloaded on : Wed Jul 03 00:20:19 IST 2019

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation