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CR.MA/6325/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6325 of 2010
=========================================================
DEVIDAYAL
MUNSHILAL MADORIYA & 1 - Applicants
Versus
STATE
OF GUJARAT - Respondent
=========================================================
Appearance :
MR
JR DAVE for
Applicants :1-2.
MR RC KODEKAR ADDL PUBLIC PROSECUTOR for
Respondent :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 21/06/2010
ORAL
ORDER
Mr.
Dave, learned counsel appearing for the applicants does not press
this application in respect of applicant No. 1 as the chargesheet is
not filed. Therefore, the application is dismissed as not pressed so
far as applicant No. 1 is concerned. This application is treated to
have been survived only in respect of applicant No.2.
Rule.
Mr. Kodekar, learned APP waives service of Rule on behalf of
respondent State. By consent, Rule is fixed forthwith.
The
applicant – accused No. 2, who has been arrested in I.CR. No.
165 of 2010 registered with Sabarmati Police Station for the
offences punishable under Sections 306 and 114 of the Indian Penal
Code has moved this Court under Section 439 of the Code of Criminal
Procedure for seeking bail pending trial.
The
accused moved the application being Criminal Misc. Application No.
553 of 2010 before the concerned Sessions Court, which came to be
rejected on 13.5.2007.
Looking
to averments in the FIR and facts as it is reflected in the order of
the Sessions Court, this Court is of the considered view that the
applicant No. 2 deserves to be admitted to bail for the following
reasons:
Looking
to the age of accused-applicant No. 2, who happens to be the
mother-in-law and role attributed to her and looking to all the
considerations enlisted in Section 437 of the Code of Criminal
Procedure, she deserves to be enlarged on bail .
The
prosecution has not voiced any grievance or expressed any
apprehension that she is likely to flee from justice, if she is
released on bail.
The
prosecution have also not expressed any grievance or apprehension
that she is capable of tempering with evidences or influencing the
witnesses, if she is released on bail.
The
Sessions Court has not appreciated these aspect and therefore, the
said order deserves to be quashed and set aside and accordingly, it
is quashed and set aside.
The
aforesaid observations are made only for the purpose of examining
the prayer for bail pending trial. These observations are
prima-facie and shall have no bearing whatsoever upon the trial and
the trial Court shall not be influenced by it in any way and come to
its own conclusion after analyzing the evidence that may be led
during the trial.
Considering
the submissions made on behalf of the parties and having regard to
the circumstances and facts of the case, the application is partly
allowed and the applicant No. 2 is ordered to be released on bail in
connection with Crime Register No.I-165 of 2010 of Sabarmati 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
leave 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.
(S.R.BRAHMBHATT,
J.)
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