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Jubedaben Imamsha … vs State Of Gujarat on 7 May, 2019

R/CR.MA/9016/2019 ORDER




MR ANKIT Y BACHANI(5424) for the Applicant(s) No. 1
VEERAT S VASWANI(8424) for the Applicant(s) No. 2
MR MITESH AMIN, PP(2) for the Respondent(s) No. 1


Date : 07/05/2019


1. Rule. Learned Public Prosecutor, Mr.Mitesh Amin
waives service of notice of Rule on behalf of

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-23 of 2019
registered with Dhanera Police Station,
District Banaskantha for the offenses
punishable under Sections 498A, Section306 and Section114
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/9016/2019 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 their 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 as well as considering 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. This
Court has also considered the aspects that;

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R/CR.MA/9016/2019 ORDER

(i) the applicant no.1 is mother-in-law of
the deceased whereas the applicant no.2 is
the sister-in-law of the deceased; (ii) the
applicant no.2 is residing separately;
looking to the over all facts and
circumstances of the present case and the
role played by the applicants, I am inclined
to exercise discretion in favour of the
applicants. 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 Ors. as 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., as reported at (1980) 2 SCC 565.

7. 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-23
of 2019 registered with Dhanera Police
Station, District Banaskantha on their
executing a personal bond of Rs.10,000/-
(Rupees Ten Thousand Only) each with one
surety of like amount on the following

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

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R/CR.MA/9016/2019 ORDER

(b) shall remain present at concerned Police
Station on 14.5.2019 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

(f) shall not leave India without the
permission of the 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 applicants.
The applicants shall remain present before the
learned Magistrate on the first date of hearing
of such application and on all subsequent

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R/CR.MA/9016/2019 ORDER

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 applicants, 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.


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