Gujarat High Court Case Information System
Print
CR.MA/13838/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13838 of 2008
=========================================
KALPANABEN
SOLY BHESANIA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================
Appearance
:
MR AD SHAH for
Applicant(s) : 1,
MR SP HASURKAR, ADDL.PUBLIC PROSECUTOR for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 22/10/2008
ORAL
ORDER
1. Rule.
Mr.S.P.Hasurkar, learned A.P.P. waives service on behalf of the
respondent-State.
2. Heard
Mr.A.D.Shah, learned counsel for the applicant-accused and learned
A.P.P. Mr. S.P.Hasurkar, for the respondent-State.
3. This
application for anticipatory bail has been preferred by the applicant
apprehending her arrest in connection with C.R.No.I-387/2008
registered with Limbayat Police Station, for the alleged commission
of offence under Sections 498-A,306 and 114 of the Indian Penal Code
and Sections 3,5 and 7 of the Dowry Prohibition Act.
4. It
is alleged that because of the demand of dowry and physical and
mental cruelty caused by the present applicant along with other
accused persons, deceased Pratibha committed suicide. So far as the
present applicant is concerned, she is 36 years old and she is
residing with her family along with her husband and minor daughter
who is 13 years old. At different places it is alleged that she is
?SFoi-Sasu?? of the deceased(Sister of the father of the husband
Manoj). Taking into consideration the relationship between the
present applicant accused along with the deceased, application
deserves to be allowed.
5. In
the event of arrest of the applicant in connection with
C.R.No.I-387/2008 registered with Limbayat Police Station, she shall
be released on bail in respect of offence alleged against her this
application on executing a bond of Rs.5,000/-(Rupees Five Thousand
Only) with on surety of the like amount, by the concerned Police
Officer and on condition that she shall:
(a) remain
present before the trial Court regularly as and when directed on the
dates fixed;
(b) remain
present at the concerned Police Station on 3rd November,
2008 between 9:00 a.m. and 2:00 p.m.
(c) make
herself available for interrogation by a Police Officer, whenever
and wherever required;
(d) not
directly or indirectly make any inducement threat or promise to any
person acquainted with the facts of the case so as to dissuade from
disclosing such facts to the Court or to any Police Officer;
(e) not
to obstruct or hamper the police investigation and not to play
mischief with the evidence collected or yet to be collected by the
police;
(f) at
the time of execution of bond, furnish the residential address to
the Investigating Officer and the Court concerned and shall not
change her residence till the final disposal of the case or till
further orders;
(g) not
leave India without the permission of the Court and if having
passport, shall deposit the same before the trial Court within a
week.
6. It
would be open to the Investigating Officer to file an application for
remand, if he considers it proper and just, and the concerned
Magistrate would decide it on merits.
7. This
order will hold good if the applicant is arrested any time within 90
days from today. This order for release on bail will remain operative
only for a period of ten days from the date of her arrest.
Thereafter, it will be open to the applicant to make a fresh
application for being enlarged on bail in usual course which when it
comes before the competent Court, will be disposed of in accordance
with law, having regard to all the attending circumstances and the
materials available at the relevant time uninfluenced by the fact
that anticipatory bail was granted.
8. Rule
is made absolute. Direct service is permitted.
(M.D.Shah,
J.)
sudhir
Top