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Sadhna @ Sadhu Mahendrabhai … vs State Of Gujarat on 14 December, 2018

R/CR.MA/20684/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 20684 of 2018

SADHNA @ SADHU MAHENDRABHAI CHAUHAN
Versus
STATE OF GUJARAT

Appearance:
DINESHKUMAR D GAUTAM(9549) for the PETITIONER(s) No. 1,2
MS NISHA THAKOR, APP for the RESPONDENT(s) No. 1

CORAM: HONOURABLE MR.JUSTICE C.L. SONI
Date : 14/12/2018
ORAL ORDER

1. Rule. Learned APP Ms.Thakor waives service of Rule for
respondent.

2. This is successive anticipatory bail application filed under
Section 438 of the Criminal Procedure Code, 1973 (“the Code”) in
connection with First Information Report (FIR) registered as CR.No.I-
137/2016 with Shahibaug Police Station for the offences under
Sections 302, 498A and 114 of the Indian Penal Code (“the Penal
Code”).

3. This application is filed mainly on the ground that now the
main accused has been released on bail and the applicants be
released on the ground of parity.

4. Learned advocate for the applicants submitted that the
applicants are the sisters of main accused named Jitendrabhai
Mahendrabhai Chauhan. He submitted that after the applicants
were permitted to withdraw their earlier application, the main
accused has come to be released on regular bail by this Court vide
order dated 29.06.2018 passed in Criminal Misc. Application
No.11462 of 2018 and therefore, this Court may consider such
release of the main accused on regular bail as change in

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R/CR.MA/20684/2018 ORDER

circumstances.

5. In connection with above ground urged in the application and
as argued by learned advocate for the applicants, learned APP
Ms.Thakor was asked to take instructions as to whether when main
accused has been released on bail, the applicants could be granted
bail on the ground of parity. At the last hearing, it was stated before
the Court by learned APP Ms.Thakor that for the purpose of
undertaking identification parade, the police shall require the
custody of the applicants by way of remand. It is in this context
when it was put to learned APP Ms.Thakor that if the applicants were
agreeable to make themselves available for the purpose of
Identification parade by allowing themselves to be treated in the
police custody, whether the purpose of the investigation would be
served. Learned advocate for the applicants was also asked to take
instructions whether the applicant shall be agreeable to appear
before the Investigating Officer for the purpose of identification
parade by allowing themselves to be treated in the police custody
during the period for which the process for identification parade is to
be completed. Learned APP Ms.Thakor under the instruction of the
Investigating Officer stated before the Court that since Investigating
Officer requires the custody of the applicants only for the purpose of
identification parade, if the applicants are agreeable to appear
before the Investigating Officer and to treat themselves in the police
custody for the purpose of identification parade, such would serve
the purpose of Investigation.

6. Today, learned advocate for the applicants states before the
Court that the applicants are agreeable to appear before the
Investigating Officer for above such purpose.

7. Learned APP Ms.Thakor states that Investigating Officer has
also taken the convenient date i.e. 15th December, 2018 of the

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R/CR.MA/20684/2018 ORDER

concerned authority for the purpose of identification parade.

8. In above view of the matter, the Court finds that since the
main accused is already released, the applicants could be released
on anticipatory bail on suitable conditions including the condition
that the applicant shall appear before the Investigating Officer on
15.12.2018 at 11:00 a.m. for the purpose of identification parade.

9. In view of the above, the application is allowed. It is ordered
that in case the applicants are arrested in connection with the
above FIR, they shall be released on bail on their furnishing personal
bond of Rs.10,000/-, each with the surety of the equal amount on
following conditions that they:

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

(b) shall remain present at 11:00 a.m. on 15.12.2018 before
the Investigating Officer of concerned Police Station;

(c) shall not misuse their liberty;

(d) shall not obstruct or hamper the police investigation in

any manner and shall not indulge into any mischief to play with
evidence collected by the Investigating Officer.

(e) shall at the time of execution of bond, furnish their
permanent address to the Investigating Officer and also to the
concerned Court and shall not change their address without prior
intimation to the Investigating Officer and the concerned Court;

(f) shall not leave territory of India without giving intimation
to the Police and without leave of the concerned Court;

(g) shall surrender their passport, if they have, with the
concerned Court within a period of two weeks from today

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R/CR.MA/20684/2018 ORDER

(h) shall as agreed by them, appear before the Investigating
Officer at 11:00 a.m. on 15.12.2018 for completing necessary
formalities and to enable the Investigating Officer to arrange for
identification parade and for such purpose, shall allow themselves
to be treated in the police custody for the period during which the
identification parade is held.”

10. It is clarified that the applicants upon completion of above
period shall be set free immediately, subject to other conditions of
this anticipatory bail order.

7. At the trial, the Trial Court shall not be influenced by the
prima facie observations made by this Court while enlarging the
applicant on bail. Rule is made absolute.

Direct service today is permitted.

(C.L. SONI, J)
GUPTA*

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