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2017 DIGILAW 1893 (GUJ)

Ashwinbhai Karsanbhai Parmar v. State of Gujarat

2017-12-07

G.R.UDHWANI

body2017
ORDER : G.R. UDHWANI, J. 1. Affidavit filed by the complainant be recorded. 2. This application is filed seeking bail under Section 438 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 498A, 306 and 114 of the Indian Penal Code (for short ‘the IPC’) for which FIR came to be registered at C.R. No. I-260 of 2017 with Sector 7 Police Station, Gandhinagar. 3. Heard learned advocate for the applicants and learned APP for the respondent-State. 4. Learned advocate appearing on behalf of the applicants would submit that considering the nature of offence, the applicants may be enlarged on anticipatory bail by imposing suitable conditions. Learned Advocate for the applicants on instructions states that the applicants are ready and willing to abide by all the conditions, including the condition with regard to the powers of Investigating Agency to seek remand of the petitioners; subject to the petitioners right to oppose it. 5. On the other hand, the learned APP appearing for the respondent-State has opposed this application. 6. Having considered the rival contentions it is noticed that before the unfortunate death of the victim, there were certain disputes amongst the victim and her in-laws which had given rise to few complaints. Reference to the same is also made by the deceased in her suicide note. Mainly the victim had a grievance about filing of such complaints against her when she is alleged to be of a violent nature as pointed out by the learned counsel for the petitioner. He pointed out that as indicated in such complaints and even otherwise she had on few occasions attempted an assault and infact assaulted her husband with the knife. Learned counsel for the petitioner submitted that she had also attempted to commit suicide on three occasions earlier. Thus looking to the overall circumstances of the case, in the opinion of this court the case for admitting the petitioners to bail in anticipation of their arrest is made out. 7. In the result, this application is allowed. It is directed that in the event of arrest of the applicants herein in connection with FIR registered at C.R. No. I-260 of 2017 at Sector 7 Police Station, Gandhinagar the applicants shall be released on bail on their furnishing a personal bond of Rs. 7. In the result, this application is allowed. It is directed that in the event of arrest of the applicants herein in connection with FIR registered at C.R. No. I-260 of 2017 at Sector 7 Police Station, Gandhinagar the applicants shall be released on bail on their furnishing a personal bond of Rs. 10,000/- (Rupees ten thousands only) each with one surety of the like amount on the following conditions that they shall: (a) cooperate with the investigation and make themselves available for interrogation whenever required; (b) remain present at the concerned Police Station on 15.12.2017 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 him/them 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 not change their residence till the final disposal of the case till further orders; (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; (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; 8. Despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for Police remand of the applicants. The applicants 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 applicants, 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. 9. At the trial, the Trial Court shall not be influenced by the prima-facie observations made by this Court while enlarging the applicants on bail. Rule is made absolute to the above extent. Direct service is permitted.