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Labhubhai Narshibhai Baraiya vs State Of Gujarat on 19 February, 2019

R/CR.MA/1404/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 1404 of 2019

LABHUBHAI NARSHIBHAI BARAIYA
Versus
STATE OF GUJARAT

Appearance:
MR GAURANG K CHAUHAN(9858) for the PETITIONER(s) No. 1,2
MR JIGAR G GADHAVI(5613) for the PETITIONER(s) No. 1
MS SHRUTI PATHAK, APP for the RESPONDENT(s) No. 1

CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

Date : 19/02/2019

ORAL ORDER

1. By way of the present application under
Section 438 of the Code of Criminal Procedure,
1973, the applicants accused have prayed to
release them on anticipatory bail in case of
their arrest in connection with the FIR
registered at C.R. No.I-57 of 2018 with Palitana
Rural Police Station, District Bhavnagar for the
offences punishable under
Sections 306, 498A and
114 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. Besides, the 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.

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R/CR.MA/1404/2019 ORDER

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 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.

3. Learned APP has opposed this application
and pointed out from the allegations levelled
against the applicants in the FIR that present
applicants, who are father-in-law and mother-in-
law of the deceased, were giving physical and
mental torture to the deceased and therefore it
is urged that this Court may not exercise the
discretion in favour of the applicants.

4. Having heard the learned advocates for
the parties and on perusing the material placed
on record as well as 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.

5. I have also considered the following

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R/CR.MA/1404/2019 ORDER

aspects:

Applicants are father-in-law and mother-
in-law of the deceased.

No specific allegations are levelled
against the applicants and only general
allegations are levelled against all the accused
that they were giving physical and mental torture
to the deceased.

From the allegations levelled in the
FIR, it appears that there was some dispute
between the husband and the wife.

6. I have 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. 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 665.

7. In the result, the present application is
allowed by directing that in the event of
applicants herein being arrested pursuant to FIR
registered at C.R. No.I-57 of 2018 with Palitana
Rural Police Station, District Bhavnagar, the
applicants shall be released on bail on
furnishing a personal bond of Rs. 10,000/-
(Rupees Ten Thousand only) each with one surety
of like amount on the following conditions that

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R/CR.MA/1404/2019 ORDER

they:

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

(b) shall remain present at concerned Police
Station on 26.02.2019 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 their residence till
the final disposal of the case till
further orders;

(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

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R/CR.MA/1404/2019 ORDER

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.

9. At the trial, the Trial Court shall not be
influenced by the prima facie observations made
by this Court in this order while enlarging the
applicants on bail.

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

(VIPUL M. PANCHOLI, J)
Jani

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