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2017 DIGILAW 1842 (GUJ)

Jiviben W/o Jeshabhai Gaagiya v. State of Gujarat

2017-12-01

S.H.VORA

body2017
ORAL ORDER : S.H. VORA, J. Heard Mr. Dattani, learned advocate, for the applicant and learned APP, 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 registered at C.R. No. I - 73/2017 with Mahila Police Station, Devbhumi Dwarka for the offences punishable under Sections 306, 498(A) and 114 of the IPC. 3. The gist of the case is that the applicant is a mother-in-law of the deceased and the daughter of the complainant - deceased was subjected to mental and physical harassment at the hands of the accused person and thereafter, her dead body was found from the well. Hence, present FIR. 4. Considering the allegations made in the FIR, it appears that the incident has occurred prior to ten months of filing of the FIR on 4.10.2017 There is general allegation as to taunting is attributed to the present applicant. Moreover, the applicant is a female accused and therefore, there is no likelihood or possibility to escape from trial or jump the bail. The alleged offence do not provide punishment either life imprisonment or capital punishment. Therefore, present Criminal Misc. Application deserves consideration. 5. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No. I - 73/2017 with Mahila Police Station, Devbhumi Dwarka on executing a 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 the applicant 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 and attend the Court concerned regularly. [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; 6. The competent authority will release the applicant only if the applicant is not required in connection with any other offence for the time being. The competent authority will release the applicant only if the applicant 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 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. 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 applicant on bail. 7. Rule made absolute to the aforesaid extent. Direct service is permitted.