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Kashiben W/O Sanjaybhai … vs State Of Gujarat on 16 July, 2019

R/CR.MA/13460/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 13460 of 2019

KASHIBEN W/O SANJAYBHAI NATWARBHAI PARMAR ( VANKAR)
Versus
STATE OF GUJARAT

Appearance:
MR BM MANGUKIYA(437) for the Applicant(s) No. 1
MR BM MANGUKIYA(437)-G/291/1983 for the Applicant(s) No. 2
MS BELA A PRAJAPATI(1946) for the Applicant(s) No. 1,2
MR MITESH AMIN, PP(2) for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

Date : 16/07/2019

ORAL ORDER

1. Rule. Learned PP, Mr.Amin 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 applicants-accused have
prayed for anticipatory bail in connection
with the FIR being C.R.No.I-33 of 2019
registered with Kothamba Police Station,
Mahisagar for the offenses punishable under
Sections 306, Section498A, Section323 and Section114 of the Indian
Penal Code and under Sections 3 and Section7 of
Dowry Prohibition Act.

3. Learned advocate for the applicants submits
that the nature of allegations are such for
which custodial interrogation at this stage

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R/CR.MA/13460/2019 ORDER

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.

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 his 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 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

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R/CR.MA/13460/2019 ORDER

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

(i) the applicant no.1 is lady accused and is
sister-in-law of the deceased whereas the
applicant no.2 is brother-in-law of the
deceased and they are residing separately as
per the submission canvassed by learned
advocate for the applicants; (ii) marriage
span of the deceased with the original
accused no.1 was more than eight years; (iii)
I have considered the role attributed to the
applicants and in view of the over all facts
and circumstances of the present case, I am
inclined to consider the case of 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 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 applicants are ordered to be
released on bail in the event of their arrest
in connection with a FIR being C.R.No.I-33 of
2019 registered with Kothamba Police Station,

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R/CR.MA/13460/2019 ORDER

Mahisagar 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 23.7.2019 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

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R/CR.MA/13460/2019 ORDER

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

(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 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

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R/CR.MA/13460/2019 ORDER

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.

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

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