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Shardaben W/O Himmatbhai … vs State Of Gujarat on 6 April, 2018

R/CR.MA/6069/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 6069 of 2018

SHARDABEN W/O HIMMATBHAI RAMJIBHAI RATHOD
Versus
STATE OF GUJARAT

Appearance:
AMBRISH V JANI(8674) for the PETITIONER(s) No. 1,2
MR BH SOLANKI(5353) for the PETITIONER(s) No. 1
MS NISHA THAKORE APP (2) for the RESPONDENT(s) No. 1

CORAM: HONOURABLE MR.JUSTICE S.H.VORA

Date : 06/04/2018

ORAL ORDER

1. Heard learned advocate for the applicants and learned
A.P.P. for the respondent – State.

2. This application is filed under Section 439 of the Code of
Criminal Procedure for regular bail in connection with F.I.R.
being C.R.No.I-13 of 2018 registered with Rajula police station
for the offences punishable under Sections 306, 498A and 114
of the Indian Penal Code.

3. Considering the police papers supplied by the learned
A.P.P. during the course of hearing and upon examination of
the proceedings conducted by police station Base Support
Centre, Bharuch City ‘C’ Division police station, Bharuch of the
year 2016, it appears that there is no any allegation made
against the present applicants, who are the parents-in-law of
deceased – Ms.Sonalben. No doubt, deceased – Ms.Sonalben
committed suicide alongwith her three minor children. But,
looking to the nature of evidence placed on record, it is not

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R/CR.MA/6069/2018 ORDER

proper and legal to deny bail to the applicants on such a weak
piece of evidence. Further, the alleged offence does not
provide punishment either for life imprisonment or capital
punishment and, therefore, there is no likelihood or possibility
of fleeing from justice or escaping the trial. Therefore, present
application deserves consideration.

4. Hence, the application is allowed and the applicants are
ordered to be released on bail in connection with C.R.No.I-13 of
2018 registered with Rajula police station, on executing a bond
of Rs.10,000/- (Rupees Ten Thousand only) each 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] not leave the territory of India without prior
permission of the Sessions Judge concerned;

[d] appear before the Investigation Officer concerned,
as and when required for investigation purpose.

[e] furnish the present address of residence along with
the proof to the I.O. concerned and also to the Court
at the time of execution of the bond and shall not
change the residence without prior permission of
Sessions Court concerned;

5. The competent authority will release the applicants only
if they are 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 take
appropriate action in the matter. Bail bond to be executed

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R/CR.MA/6069/2018 ORDER

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. At the
trial, the trial court shall not be influenced by the observations
of preliminary nature, qua the evidence at this stage, made by
this Court while enlarging the applicants on bail.

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

(S.H.VORA, J.)
Hitesh

Page 3 of 3

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