R/CR.MA/23138/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 23138 of 2019
PINKALBEN DASHRATHLAL PATEL
Versus
STATE OF GUJARAT
Appearance:
MR SAMIR AFZAL KHAN(3733) for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 07/01/2020
ORAL ORDER
1. Learned advocate Mr. Rohan M. Amin has received
instructions to appear on behalf of original first
informant. He is permitted to file his Vakalatnama
in the Registry.
2. By way of the present application under Section
438 of the Code of Criminal Procedure, 1973, the
applicantaccused has prayed for anticipatory bail
in connection with the FIR being C.R. No. I – 204
of 2019 registered with Krushnanagar Police
Station, Ahmedabad City for the offenses
punishable under Sections 306, Section498A, Section323 and Section114
of the Indian Penal Code.
3. Learned advocate for the applicant submits that
the nature of allegations are such for which
custodial interrogation at this stage is not
necessary. He further submits that the applicant
will keep herself available during the course of
investigation, trial also and will not flee from
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R/CR.MA/23138/2019 ORDER
justice.
4. Learned advocate for the applicant on instructions
states that the applicant is 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 her remand. He further
submit that upon filing of such application by the
Investigating Agency, the right of applicant
accused to oppose such application on merits may
be kept open. Learned advocate, therefore,
submitted that considering the above facts, the
applicant may be granted anticipatory bail.
5. Learned Additional Public Prosecutor appearing on
behalf of the respondent – State as well as
learned advocate Mr. Rohan M. Amin appearing for
the original first informant have 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 anticipatory bail to the applicant.
7. This Court has considered following aspects,
(a) present applicant is sisterinlaw of the
deceased;
(b) applicant is married and residing separately;
(c) marriage span of the deceased with the
original accused No.1 was more than 6 years
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R/CR.MA/23138/2019 ORDER
and 11 months;
(d) I have perused the allegations levelled
against the applicants in the FIR as well as
the photographs and other material placed on
record;
Looking to the overall facts and circumstances of
the present case, I am inclined to consider the
case of the applicants.
8. 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.
9. In the result, the present application is allowed.
The applicant is ordered to be released on bail in
the event of her arrest in connection with a FIR
being C.R. No. I – 204 of 2019 registered with
Krushnanagar Police Station, Ahmedabad City on her
executing a personal bond of Rs.10,000/ (Rupees
Ten Thousand Only) with one surety of like amount
on the following conditions:
(a) shall cooperate with the investigation and
make herself available for interrogation
whenever required;
(b) shall remain present at concerned Police
Station on 16.01.2020 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
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R/CR.MA/23138/2019 ORDER
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 concerned trial court and if having
passport shall deposit the same before the
concerned 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;
10. Despite this order, it would be open for the
Investigating Agency to apply to the competent
Magistrate, for police remand of the applicant.
The applicant 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
applicant, even if, remanded to the police
custody, upon completion of such period of police
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remand, shall be set free immediately, subject to
other conditions of this anticipatory bail order.
11. At the trial, the concerned trial court shall not
be influenced by the prima facie observations made
by this Court in the present order.
12. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(VIPUL M. PANCHOLI, J.)
Jani
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