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Shardaben Rajubhai Malkiya vs State Of Gujarat on 16 January, 2020

R/CR.MA/566/2020 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 566 of 2020

SHARDABEN RAJUBHAI MALKIYA
Versus
STATE OF GUJARAT

Appearance:
MR DIPEN SANKHESARA FOR MR DEEP D VYAS(3869) for the
Applicant(s) No. 1
MR MITESH AMIN, SENIOR ADVOCATE AND PP (2) for the Respondent(s)
No. 1

CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

Date : 16/01/2020

ORAL ORDER

1. Rule. Learned PP Mr.Amin 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.I-113 of 2019
registered with Jetpur City Police Station,
Rajkot Rural for offence under Sections 306,
498A and 114 of the Indian Penal Code.

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

4. Learned Public Prosecutor appearing on behalf

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R/CR.MA/566/2020 ORDER

of the respondent-State has opposed grant of
regular 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 applicant on regular bail.

7. This Court has considered following aspects;

(a) the applicant is mother-in-law of the
deceased; (b) she is in jail since 1.12.2019;

(c) I have perused the allegations levelled
against the applicant and the material placed
on record; looking to the over all facts and
circumstances of the present case, I am
inclined to consider the case of the
applicant.

8. 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.

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R/CR.MA/566/2020 ORDER

9. Hence, the present application is allowed.

The applicant is ordered to be released on
regular bail in connection with FIR being
C.R.No.I-113 of 2019 registered with Jetpur
City Police Station, Rajkot Rural 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 she 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 concerned trial
court;

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

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R/CR.MA/566/2020 ORDER

without prior permission of the
concerned trial court;

10. 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.

11. At the trial, the 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)
SRILATHA

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