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2017 DIGILAW 1884 (GUJ)

Hasinaben Rasulsha Shahamdar v. State of Gujarat

2017-12-07

S.H.VORA

body2017
ORAL ORDER : S.H. VORA, J. Heard Mr. Barot, learned advocate, for the applicant and learned PP, 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 - 163/2017 with Gondal Taluka Police Station for the offences punishable under Sections 306, 498A and 114 of the IPC. 3. The gist of the case is that the accused persons including the present applicant used to taunt the deceased after one year of marriage and due to this the daughter of the complainant committed suicide by hanging her self. Therefore, present FIR. 4. Considering the police papers supplied by learned PP during the course of hearing, it appears that the applicant is a female accused i.e. mother-in-law of the deceased and therefore, there is no possibility or likelihood of fleeing from justice and escaping from trial. The analysis and scrutiny of police papers, as it is, does not disclose with unqualified clarity to come to conclusive finding at threshold the applicant's unassailable finding of culpability under section 306 of the IPC. The materials on record do not indicate, prima facie, any act of cruelty or harassment, mental or physical, so as to persistently/continuously provoke the deceased to take extreme step with no other option. No such persistent or consistent applicant's conduct, which requires culpability, is found in the police papers, more particularly, from the statement of the near and dear to the deceased. No doubt, the deceased died due to unnatural death and she was not happy. To attract section 306, there has to be clear mens rea to commit an offence and active and direct role leading the deceased to commit suicide. The averments made in the FIR are very general in its nature allegedly involved entire family and attributes same and identical role to all the persons charged. Additionally, the alleged offence do not provide punishment either life imprisonment or death penalty and therefore, there is no likelihood or possibility to jump the bail or escape the trial out of fear of conviction and 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 - 163/2017 with Gondal Taluka Police Station, on executing a bond of Rs. 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 - 163/2017 with Gondal Taluka Police Station, 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. 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.