R/CR.MA/4358/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 4358 of
2018
SAVITABEN BUDHABHAI PRAJAPATI….Applicant(s)
Versus
STATE OF GUJARAT….Respondent(s)
Appearance:
MR SS SAIYED, ADVOCATE for the Applicant(s) No. 1
MR RAKESH PATEL, APP for the Respondent(s) No. 1
CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 21/02/2018
ORAL ORDER
1 Rule returnable forthwith. Mr. Rakesh Patel, the learned A.P.P.
waives service of notice of rule for and on behalf of the respondent
State.
2 By way of the present application under Section 438 of the Code
of Criminal Procedure, 1973, the applicant original accused has prayed
to release her on anticipatory bail in the event of her arrest in
connection with the First Information Report being C.R. No.I11 of 2018
registered with the Ghatlodia Police Station, District: Ahmedabad for
the offence punishable under Sections 498A and 306 of the Indian Penal
Code.
3 The learned advocate appearing on behalf of the applicant would
submit that considering the nature of the offence, the applicant may be
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enlarged on anticipatory bail by imposing suitable conditions.
4 On the other hand, the learned APP appearing on behalf of the
respondentState has opposed this application for grant of anticipatory
bail to the applicant looking to the nature and gravity of the offence.
5 I have heard the learned advocates appearing for the respective
parties, perused the investigation papers and have also taken into
consideration the facts of the case, nature of the allegations, role
attributed to the applicantaccused, and without discussing the evidence
in detail, at this stage, I am inclined to grant anticipatory bail to the
applicant. The following aspects are taken into consideration;
[1] It appears on plain reading of the F.I.R. that the applicant,
who happens to be the motherinlaw of the deceased, wanted her
son and daughterinlaw to reside separately. This is one unusual
case in which the son and the daughterinlaw were very reluctant
to leave the applicant and start residing separately. As the son and
the deceased i.e. his wife continued to reside with the applicant,
some altercation as regards household used to take place.
Considering the fact that the applicant is a lady aged 50 years and
no other allegations of any incessant harassment or torture are
levelled, a case for anticipatory bail is made out.
6 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 Others, reported in [2011] 1 SCC 6941,
wherein the Hon’ble Apex Court reiterated the law laid down by the
Constitutional Bench in the case of Shri Gurubaksh Singh Sibbia
Others, reported in (1980) 2 SCC 665.
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7 The learned advocate for the applicant, on instructions, states that
the applicant is ready and willing to abide by all the conditions,
including impositions of conditions with regard to the powers of the
Investigating Agency to file an application before the competent court
for her remand. He would further submit that upon filing of such
application by the Investigating Agency, the right of the applicant
accused to oppose such application on merits may be kept open.
8 In the result, the present application is allowed by directing that in
the event of arrest of the applicant herein in connection with the First
Information Report being being C.R. No.I11 of 2018 registered with
the Ghatlodia Police Station, District: Ahmedabad, the applicant shall
be released on bail on her furnishing a personal bond of Rs.10,000/
(Rupees ten thousand only) with one surety of the like amount on the
following conditions that she shall:
(a) cooperate with the investigation and make herself available
for interrogation whenever required;
(b) remain present at the concerned Police Station on 23rd
February 2018 between 11.00 a.m. and 2.00 p.m.;
(c) not directly or indirectly make any inducement, threat or
promise to any person acquainted with the facts of the case so
as to dissuade her/them from disclosing such facts to the court
or to any police officer;
(d) 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) at the time of execution of bond, furnish the address to the
Investigating Officer and the Court concerned and shall not
change her residence till the final disposal of the case till
further orders;
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(f) 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 just and proper and
the learned Magistrate would decide the same on merits;
9 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 rights of the accused to seek stay against an
order of remand if, ultimately, granted, and the powers of the learned
Magistrate to consider such a request in accordance with law.
10 It is clarified that the applicant, even if, remanded to the police
custody, upon completion of such period of police remand, shall be set
free immediately, subject to the other conditions of this anticipatory bail
order.
11 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 is permitted.
(J.B.PARDIWALA, J.)
chandresh
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