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Kaliben Khirabha Manek vs State Of Gujarat on 6 March, 2019

R/CR.MA/3066/2019 ORDER




MR HARSHIL C DATTANI(6241) for the Applicant(s) No. 1,2
MR JK SHAH APP(2) for the Respondent(s) No. 1


Date : 06/03/2019

1. By way of the present application under Section
438 of the Code of Criminal Procedure, 1973, the
applicants­accused have prayed for anticipatory
bail in connection with the FIR being C.R. No. I-
4/2019 registered with Dwarka Police Station,
District : Devbhumi Dwarka for the offenses
punishable under Sections 306, 114 and 498A of the
Indian Penal Code.

2. 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 during the course
of investigation, trial also and will not flee
from justice. Learned advocate submits that the
applicants are lady accused and the applicant no.1
is aged about 60 years and the applicant no.2 is
residing separately.

3. Learned advocate for the applicants on

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R/CR.MA/3066/2019 ORDER

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 submit that upon filing of such
application by the Investigating Agency, the right
of applicants­accused 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

4. 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.

5. 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. On
perusal of the record, it is evident that the
applicant no.1 is aged about 60 years and the
applicant no.2, who is sister­in­law, is residing
separately and in the FIR, general allegations are
leveled against both the applicants. 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

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R/CR.MA/3066/2019 ORDER

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 665.

6. 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-4/2019 registered with Dwarka
Police Station, District : Devbhumi Dwarka on
their executing a personal bond of Rs.10,000/­
(Rupees Ten Thousand Only) each with one surety of
like amount on the following conditions:

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

(b) shall remain present at concerned Police
Station on 13.03.2019 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;

(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

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R/CR.MA/3066/2019 ORDER

(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;

7. 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 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.

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

9. Rule is made absolute to the aforesaid extent.

Direct service is permitted.


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