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CR.MA/1818/2010 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1818 of 2010
=========================================================
NIRUPAMABEN
JAYESHBHAI KASUNDRA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR.P.M.THAKKAR
FOR MR.H.N.JOSHI
for M/S
THAKKAR
ASSOC. for
Applicant(s) : 1,
MR.H.L.JANI, ADDITIONAL PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 22/03/2010
ORAL
ORDER
This
application is preferred under Section 439 of Criminal Procedure
Code, 1973, seeking regular bail by the applicant who came to be
arrested in connection with C.R.I-No-238/2009 registered with Morbi
City Police Station, Dist:Rajkot, for the offence punishable under
Sections 304, 312, 314 and 114 of Indian Penal Code and Section 17,
25, 29 and 30 of the Gujarat Medical Practitioner Act, 1963 and
Section 2 of the Medical Termination of Pregnancy Act, 1971.
Mr.P.M.Thakkar
for Mr.H.N.Joshi, learned advocate for the applicant submitted that
the applicant is an innocent lady, she has not committed any offence
as alleged against her and she has been falsely implicated in the
alleged commission of offence. There is no evidence or material on
record which would connect the applicant with crime in question.
Considering the role attributed to the applicant which is reflected
in the FIR at Annexure-A to the application,
she deserves to be enlarged on bail.
Mr.
H.L.Jani, learned Additional Public Prosecutor, representing the
respondent-State, while opposing the bail application, submitted
that applicant is involved in the offence punishable under Sections
304, 312, 314 and 114 of Indian Penal Code and Section 17, 25, 29
and 30 of the Gujarat Medical Practitioner Act, 1963 and Section 2
of the Medical Termination of Pregnancy Act, 1971. Considering the
role attributed to the applicant which is reflected in the FIR at
Annexure-A to the application and the manner in which the alleged
offence is committed by the applicant, no discretionary relief be
granted to the applicant and the application be dismissed.
Mr.
Bharda, learned advocate for the Original Complainant also adopted
submissions canvassed by Mr. H.L.Jani, learned Additional Public
Prosecutor that no case is made out by the applicant for grant of
relief as prayed for in the application and the application be
dismissed.
Heard
Mr.P.M.Thakkar for Mr. H.N.Joshi, learned advocate for the
applicant, Mr.H.L.Jani, learned Additional Public Prosecutor and Mr.
Bharda, learned advocate for the complainant at length and in great
detail. Considering the role attributed to the applicant which is
reflected in the FIR at Annexure-A to the application, provision of
Sections 304, 312, 314 and 114 of Indian Penal
Code and Section 17, 25, 29 and 30 of the Gujarat Medical
Practitioner Act, 1963 and Section 2 of the Medical Termination of
Pregnancy Act, 1971 and quantum of punishment etc., I am of
the view that the applicant deserves to be enlarged on bail.
In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be enlarged on bail in connection
with C.R.I-No-238/2009 registered with Morbi City Police Station,
Dist:Rajkot, 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 she shall:.
[a] not
take undue advantage of her liberty or abuse her liberty;
[b] not
act in a manner injurious to the interest of the prosecution;
[c] surrender
her passport, if any, to the lower Court within a week;
[d] not
leave the State of Gujarat without the prior permission of the
Sessions Court concerned;
[e] furnish
the present address of her residence to the I.O. and also to the
Court at the time of execution of the bond and shall not change her
residence without prior permission of this Court;
[f] maintain
law and order.
If
breach of
any of the above conditions is committed,
the Sessions
Judge concerned will be free to issue warrant or to take appropriate
action in the matter.
Bail
bond to be executed before the lower Court having jurisdiction
to try the case.
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.
Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(H.B.ANTANI,J.)
Girish
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