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CR.MA/1255520/2008 3/ 3 ORDER
`IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12555 of 2008
==========================================
GOGADEVI
SOHANSINH WIFE OF RUPSINH RAJPUT - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
==========================================
Appearance
:
MR SHAKEEL A QURESHI for
Applicant(s) : 1,
MR DIPEN DESAI, APP for Respondent(s) :
1,
==========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 10/10/2008
ORAL
ORDER
1. RULE.
Shri Dipen Desai, learned Additional Public Prosecutor waives
service of rule on behalf of the respondent-State.
2. With
the consent of the learned advocates appearing on behalf of the
respective parties, the application is taken up for final hearing
today.
3. This
is an application for bail under Section 439 of the Code of Criminal
Procedure in connection with a criminal complaint being C.R. No. I
267/2008 registered with Pandesara Police Station for offences
punishable under Sections 305, 498-A and 114 of the Indian Penal
Code and under Sections 3 and 4 of the Dowry Prohibition Act.
4. Shri
Shakeel A. Qureshi, learned advocate appearing on behalf of the
applicant has submitted that the applicant is a lady having four
minor children and there is nobody to look after them as her husband
is also in jail in connection with the aforesaid complaint. It is
submitted that the case of the applicant is required to be considered
independently and separately from other accused and considering the
fact that the applicant is a lady and the investigation is already
concluded and chargesheet is already filed, it is requested to
consider the case of the applicant. It is submitted that considering
the above, the case of the applicant is distinguishable from other
accused.
5. Shri
Dipen Desai, learned Additional Public Prosecutor appearing on behalf
of the respondent-State while opposing the present application has
submitted that merely because the applicant is a lady, discretion may
not be exercised in favour of the applicant. It is submitted that it
is apprehended that if the applicant is released on bail, the other
accused may claim parity and, therefore, the application may be
dismissed.
6. Considering
the statement made on behalf of the parties and having regard to the
circumstances and facts of the case, more particularly, considering
the fact that the applicant is a woman having four minor children and
as there is nobody to look after them, to that extent, the case of
the applicant is distinguishable from the other accused and,
therefore, the application is allowed and the applicant is ordered
to be released on bail in connection with Crime Register No. I-
267/2008 registered with Pandesara Police Station on her
executing a bond of Rs.5,000/- (Rupees Five Thousand only) with one
surety of the like amount to the satisfaction of the lower 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) maintain
law and order;
(d) not
lave the State of Gujarat without the prior permission of the
Sessions Court concerned;
(e) furnish
the address of her residence at the time of execution of the bond and
shall not change the residence without prior permission of this
Court;
(f) surrender
her passport, if any, to the lower Court within a week.
7. 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.
8. Bail
before the lower Court having jurisdiction to try the case.
9. Rule
is made absolute. Direct Service is permitted.
(M.R.
SHAH, J.)
siji
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