Research › Search › Judgment

Gujarat High Court · body

2017 DIGILAW 1851 (GUJ)

Jyotsnaben W/o Kiritbhai Mohanbhai Parmar v. State of Gujarat

2017-12-01

G.R.UDHWANI

body2017
ORAL ORDER : G.R. UDHWANI, J. This is an application by the applicant under Section 438 of the Code of Criminal Procedure, 1973, for anticipatory bail in the event of her arrest in connection with FIR registered at C.R. No. I-118 of 2017 before Kalol Police Station for the offence punishable under Sections 498A, 114 and 306 of Indian Penal Code. 2. Heard learned advocate for the applicant and learned APP for the respondent State. 3. Having considered the rival contentions, prima-facie it appears that the allegations made against the petitioner are general in nature and prosecutor may have a marathon task to establish the cruelty within the meaning of Section 498A of the Indian Penal Code. Under these circumstances there does not appear to be any reasonable ground for arresting the petitioner. The petitioner is, therefore, entitled to be admitted to bail. 4. Learned advocate for the applicant on instructions states that the applicant is ready and willing to abide by all the conditions, including the conditions with regard to the powers of Investigating Agency to seek remand of the applicant; subject to the applicant's right to oppose it. 5. In the result, this application is allowed. It is directed that in the event of arrest of the applicant herein in connection with FIR registered at C.R. No. I-118 of 2017 before Kalol Police Station, the applicant shall be released on bail on her furnishing a personal bond of Rs. 5. In the result, this application is allowed. It is directed that in the event of arrest of the applicant herein in connection with FIR registered at C.R. No. I-118 of 2017 before Kalol Police Station, the applicant shall be released on bail on her furnishing a personal bond of Rs. 10,000/- (Rupees ten thousands only) with one surety of the like amount on the following conditions that he shall: (a) cooperate with the investigation and make herself available for interrogation whenever required; (b) remain present at the concerned Police Station on 06/12/2017 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 fact of the case so as to dissuade her 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 intimate the change of address, if any, to the court and I.O. (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 proper and just and the learned Magistrate would decide the same on merits; 6. 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 right of the accused to seek stay against an order of remand, if, ultimately, granted, and the power of the learned Magistrate to consider such a request in accordance with law. This is, however, without prejudice to the right of the accused to seek stay against an order of remand, if, ultimately, granted, and the power of the learned Magistrate to consider such a request in accordance with law. 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 other conditions of this anticipatory bail order. 7. At the trial, the Trial Court shall not be influenced by the primafacie observations made by this Court while enlarging the applicant on bail. Rule is made is made absolute. Direct service is permitted.