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CR.MA/10976/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10976 of
2010
======================================
DAXABEN
N PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance
:
MR ABHIRAJ R TRIVEDI for
Applicant(s) : 1,
MR SHIVANG SHUKLA APP for Respondent(s) :
1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH
H.SHUKLA
Date
: 27/09/2010
ORAL ORDER
The
present application has been filed by the applicant-accused for
grant of regular bail under section 439 of Criminal Procedure Code,
1973.
The
applicant-accused is charged with having committed offences
under sections 306 and 114 of Indian Penal Code, for which, FIR has
been lodged being I-C.R.No.76/2010 at City Police Station,
Dist.Vadodara.
Learned
advocate Mr.Abhiraj Trivedi for the applicant submitted that no
offence under section 306 of Indian Penal Code can be attracted in
view of the facts on record. He submitted that there is no role of
abetment by act or ommission, and, therefore, present application
may be allowed. He referred to the judgment of the Hon’ble Apex
Court reported in AIR 2005 SC 1775 and submitted that in view
of observation made in the above judgment, present application may
be allowed.
Learned
A.P.P., Mr.Shivang Shukla resisted the present application.
Having
heard Mr.Abhiraj Trivedi, learned advocate for the applicant and
Mr.Shivang Shukla, learned APP for respondent State and having
considered the nature of offence, manner in which it is alleged to
have been committed, role attributed and also considering other
papers including the suicide note and also considering the aspect of
abetment in light of provisions of section 306 of Indian Penal Code,
present application deserves to be allowed.
Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with I-C.R.No.76/2010 at City
Police Station, Dist.Vadodara, on her executing a bond of Rs.5,000/-
(Rupees Five Thousand Only) with one solvent 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
to try to tamper or pressurize the prosecution witnesses or
complainant in any manner.
(c) not
act in any manner injurious to the interest of the prosecution.
(d) maintain
law and order and should cooperate the investigating officers.
(e) furnish
the address of her residence to the Investigating Officer and also to
the Court at the time of execution of the bond and shall not change
her residence without prior permission of the Court.
(f) surrender
her passport, if any, to the lower Court, within a week.
If
breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or take appropriate
action in the matter.
Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
Rule
is made absolute to the aforesaid extent. Direct service permitted.
(RAJESH
H.SHUKLA, J.)
Amit
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