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Lilaben W/O Shanabhai Mangalbhai … vs State Of Gujarat on 10 July, 2019

R/CR.MA/12824/2019 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 12824 of 2019

LILABEN W/O SHANABHAI MANGALBHAI DHOLI
Versus
STATE OF GUJARAT

Appearance:
MR HARDIK A DAVE(3764) for the Applicant(s) No. 1,2
MR RONAK RAVAL, APP(2) for the Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

Date : 10/07/2019

ORAL ORDER

1. Rule. Learned APP Mr.Raval waives service of
Rule on behalf of the respondent State.

2. The present application is filed under
Section 439 of the Code of Criminal
Procedure, 1973, for regular bail in
connection with FIR being C.R.No.I-30 of 2019
registered with Kothamba Police Station,
Mahisagar for offence under Sections 306,
Section498A, Section323 and Section114 of the Indian Penal Code.

3. Learned Advocate appearing on behalf of the
applicants submits that considering the
nature of the offence, the applicants may be
enlarged on regular bail by imposing suitable
conditions.

4. Learned APP appearing on behalf of the
respondent-State has opposed grant of regular

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R/CR.MA/12824/2019 ORDER

bail looking to the nature and gravity of the
offence.

5. Learned Advocates appearing on behalf of the
respective parties do not press for further
reasoned order.

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, this Court is of the opinion that
this is a fit case to exercise the discretion
and enlarge the applicants on regular bail.
This Court has also considered the aspects
that; (i) the applicants are in jail since
21.6.2019; (ii) the investigation is almost
concluded qua the applicants; (iii) the
applicants are mother-in-law and father-in-
law of the deceased; (iv) it is submitted by
learned advocate for the applicants that
general allegations are levelled against the
applicants and original accused no.1-husband
of the deceased is the main accused; (v) it
is alleged in the FIR that original accused
no.1 was having illicit relationship with
another lady and because of that, the
daughter-in-law of the applicants has
committed suicide; in view of the aforesaid

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R/CR.MA/12824/2019 ORDER

facts and circumstances of the present case,
I am inclined to consider the case of the
applicants.

7. This Court has also taken into consideration
the law laid down by the Hon’ble Apex Court
in the case of Sanjay Chandra Vs. Central
Bureau of Investigation, reported in [2012] 1
SCC 40.

8. Hence, the present application is allowed.

The applicants are ordered to be released on
regular bail in connection with FIR being
C.R.No.I-30 of 2019 registered with Kothamba
Police Station, Mahisagar on executing a
personal bond of Rs.10,000/- (Rupees Ten
Thousand only) with one surety of the like
amount to the satisfaction of the trial Court
and subject to the conditions that they
shall;

[a] not take undue advantage of liberty or
misuse liberty;

[b] not act in a manner injurious to the
interest of the prosecution;
[c] surrender passport, if any, to the
lower court within a week;

[d] not leave India without prior
permission of the Sessions Judge
concerned;

[e] mark presence before the concerned
Police Station between 1st to 10th day

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R/CR.MA/12824/2019 ORDER

of every English calendar month for a
period of six months between 11:00
a.m. and 2:00 p.m.;

[f] furnish the present address of
residence to the Investigating
Officer and also to the Court at the
time of execution of the bond and
shall not change the residence
without prior permission of this
Court;

9. The authorities will release the applicant
only if he is not required in connection with
any other offence for the time being. If
breach of any of the above conditions is
committed, the Sessions Judge concerned will
be free to issue warrant or take appropriate
action in the matter. Bail bond to be
executed before the lower Court having
jurisdiction to try the case. It will be open
for the concerned Court to delete, modify
and/or relax any of the above conditions, in
accordance with law.

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

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

(VIPUL M. PANCHOLI, J)
SRILATHA

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