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2004 DIGILAW 696 (GUJ)

PATEL BHAGIBEN, D/o. MANGALDAS v. STATE OF GUJARAT

2004-10-08

DEV KANT TRIVEDI, S.R.BRAHMBHATT

body2004
D. K. TRIVEDI, J. ( 1 ) RULE. Mr. Patel, learned APP waives service of rule. By consent of the counsel appearing in the matter rule is fixed forthwith. ( 2 ) HEARD Ms. Kapadia for the applicant and learned APP Mr. Patel, who in turn has taken us through the application and the judgment under challenge by which the trial court has convicted the applicant - appellant no. 3 (Original accused No. 4) for the offence under section 498-A read with 114 of I. P. Code as well as for the offence under section 306 read with section 114 of I. P. Code. The applicant was ordered to suffer R. I. for 3 years for the offence under section 498-A read with section 114 of I. P. Code and Rs. 500/- fine, in default of fine further simple imprisonment for 20 days. The Trial Judge has further ordered to suffer R. I. for 9 years for offence under section 306 read with section 114 of I. P. Code and fine of Rs. 1000/-, in default simple imprisonment for 2 months; and the sentences were ordered to run concurrently. ( 3 ) IT is the submission of Ms. Kapadia that this Court after considering the case admitted the appeal of the accused persons. Ms. Kapadia has however submitted that, at present this application is filed only for present applicant - appellant no. 3 (original accused no. 4) Patel Bhagiben for releasing her on bail on the peculiar facts that the applicant is at present pregnant and is an young lady aged 21 years. In ground (D) of the application it is stated that the applicant is of 21 years of age and she is pregnant. Though medical papers of the applicant is stated to have been annexed with the application, same is not found to be part of the application. Therefore, Ms. Kapadia has submitted the original case papers of applicant from the treating doctor at Visnagar, i. e. Dr. Girish S. Patel, Gynecologist, pathology report dated 30-7-2004 and sonography report to the Court. It is further submitted by Ms. Kapadia that the applicant was on bail during trial and it is only after her conviction she was taken in custody. Ms. Kapadia has accordingly prayed that the applicant be released on bail. ( 4 ) MR. Girish S. Patel, Gynecologist, pathology report dated 30-7-2004 and sonography report to the Court. It is further submitted by Ms. Kapadia that the applicant was on bail during trial and it is only after her conviction she was taken in custody. Ms. Kapadia has accordingly prayed that the applicant be released on bail. ( 4 ) MR. Patel, learned APP though opposed the prayer for bail, however, considering the submissions of Mr. Patel, Ld. APP, he has requested that, if the Court is inclined to release the applicant on bail no reason be assigned on merits. In light of the stand taken by learned APP, without expressing anything on merits this Court is of the view that the applicant deserves to be released on bail, more particularly she is pregnant and is an young lady of 21 years and she was on bail during the trial period. ( 5 ) THE applicant is accordingly ordered to be released on bail on her furnishing bond of Rs. 5,000-00 (Rs. five thousand only) with two sureties of like amount, and further the applicant shall not leave the jurisdiction of Gujarat State without permission of this Court. ( 6 ) RULE is made absolute. Direct service is permitted. ( 7 ) MS. Kapadia undertakes that she will furnish xerox copy of the medical report of DR. Girish Patel during the course of the day. ( 8 ) IT is stated by Ms. Kapadia that for the remaining appellants/original accused she may file bail application in course of time. If any such application is filed, same will be dealt with in accordance with law. .