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Labhuben, W/O Navghanbhai … vs State Of Gujarat on 4 October, 2018

R/CR.MA/18595/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 18595 of 2018

LABHUBEN, W/O NAVGHANBHAI SARALIYA
Versus
STATE OF GUJARAT

Appearance:
MR ASHISH M DAGLI(2203) for the PETITIONER(s) No. 1,2,3
MS MOXA THAKKAR, LD.APP(2) for the RESPONDENT(s) No. 1

CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

Date : 04/10/2018

ORAL ORDER

1. Rule. Learned Additional Public Prosecutor waives
service of Rule on behalf of the respondent-State of Gujarat.

2. Heard Mr.Ashish Dagli, learned advocate for the
applicants and Ms.Moxa Thakkar, learned Additional Public
Prosecutor for the respondent-State.

3. By way of the present application under Section
438 of the Code of Criminal Procedure, 1973, the applicants –
original accused have prayed to release them on anticipatory
bail in case of their arrest in connection with the FIR being
C.R.No.I- 60 of 2018 registered with Wadhwan Police Station,
Surendranagar for the offences punishable under Sections
498A, 306, 114, etc. of the Indian Penal Code.

4. Learned advocate for the applicants submits that
the nature of allegations are such for which custodial
interrogation at this stage is not necessary. Besides, the

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R/CR.MA/18595/2018 ORDER

applicants are available during the course of investigation and
will not flee from justice. In view of the above, the applicants
may be granted anticipatory bail.

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 would further
submit 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.

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. I have heard learned advocates appearing on
behalf of the respective parties and considered the allegations
leveled against the present applicants in the FIR and also
considered the role attributed to the present applicants. I
have also considered the fact that the deceased had
committed suicide at her parental house and the present
applicants are mother-in-law, sister-in-law and father-in-law.

7. Having heard the learned counsel for the parties
and perusing the record of the case and taking into
consideration the facts of the case, nature of allegations, role
attributed to the accused and punishment prescribed for the
alleged offences, without discussing the evidence in detail, at
this stage, I am inclined to grant anticipatory bail to the

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R/CR.MA/18595/2018 ORDER

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 v. State of Maharashtra
and Ors. reported in (2011)1 SCC 694, wherein the Hon’ble
Apex Court reiterated the law laid down by the Constitutional
Bench in the case of Shri Gurubaksh Singh Sibbia Ors.,
reported in (1980)2 SCC 565.

8. Learned counsel for the parties do not press for
further reasoned order.

9. In the result, the present application is allowed by
directing that in the event of applicants herein being arrested
pursuant to FIR being C.R.No.I- 60 of 2018 registered with
Wadhwan Police Station, Surendranagar, the applicants
shall be released on bail on furnishing a personal bond of
Rs.10,000/- each (Rupees Ten Thousands only) with one local
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 the concerned Police
Station on 08/10/2018 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;

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R/CR.MA/18595/2018 ORDER

(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 their residence till
the final disposal of the case or till further orders;

(f) shall not leave India without the permission of the
Court and, if having passports shall surrender the
same before the Trial Court within a week.

10. Despite this order, it would be open for the
Investigating Agency to file an application for police remand
of the applicants to the competent Magistrate, if he thinks it
just and proper and learned Magistrate would decide it on
merits. 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.

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R/CR.MA/18595/2018 ORDER

11. At the trial, the Trial Court shall not be influenced
by the prima facie observations made by this Court while
enlarging the applicants on bail. Rule is made absolute to the
aforesaid extent.

Direct service is permitted.

[A.J.DESAI, J.]

*dipti

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