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CR.MA/1109020/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 11090 of
2008
=========================================================
KAUSALYA
DEVI @ USHA RANI MANDALAL THAKKAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
ASHISH M DAGLI for Applicant(s) : 1,
MS ML
SHAH, APP for Respondent(s) :
1,
=====================================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 26/08/2008
ORAL ORDER
1. RULE.
Ms ML Shah, learned Additional Public Prosecutor waives service of
Rule on behalf of the State. In the facts and circumstances of the
case and by consent of both the sides, this matter is taken up for
hearing today.
2. This
application is preferred under Section 439 of the Code of Criminal
Procedure for regular bail in connection with FIR registered as CR
No.I 151 of 2008 registered with Bavla Police Station for the
offences punishable under Sections 306, 498A and 114 of the Indian
Penal Code.
3. Mr
AM Dagli, learned advocate for the petitioner submitted that the
petitioner is mother-in-law and considering the role played by the
petitioner which is reflected in the FIR at Annexure-A to the
petition, the petitioner is required to be enlarged on regular bail.
The learned advocate for the petitioner submitted that the petitioner
would abide by the terms and conditions, if the prayer for regular
bail is granted.
4. Ms
ML Shah, learned Additional Public Prosecutor opposing the bail
application submitted that the petitioner is mother-in-law and
considering the role played by the petitioner along with other
accused persons, no interference is called for and the petition
deserves to be rejected out of hand.
5. Having
heard the learned advocates of both the sides and on perusal of the
FIR at Annexure-A to the petition and considering the role attributed
to the petitioner, the petitioner is booked for the offences
punishable under Sections 306, 498A and 114 of the IPC. I have also
considered the quantum of punishment and the alleged involvement of
the petitioner in the commission of offences. In view of the above,
without entering into merits of the case, I am inclined to exercise
my discretion in favour of the petitioner.
6. In
the facts and circumstances of the case, the application is allowed
and the petitioner is ordered to be enlarged on bail in connection
with CR No. I 151 of 2008 registered at Bavla Police Station 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.
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
bond to be executed before the lower Court having jurisdiction to try
the case.
9. 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 petitioner on bail.
10. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
[H.B.
Antani, J.]
mrpandya*
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