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CR.MA/1449/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1449 of 2010
=========================================================
RAMABHAI
RATNABHAI CHAUHAN & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ASHISH M DAGLI for
Applicant(s) : 1 - 2.
MS TK PATEL ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 05/03/2010
ORAL
ORDER
This
is an application preferred under section 439 of the Code of
Criminal Procedure, 1973 by the applicants in connection with
I-C.R.No.71 of 2009 registered at Balasinor Police Station for the
offences punishable under sections 302, 201 and 114 of Indian Penal
Code.
The
learned advocate Mr.Ashish Dagli for the applicants, at the outset,
does not press the application qua applicant no.1 Ramabhai Ratnabhai
Chauhan. Considering the role attributed to the applicant no.2
Kailasben Ramabhai Chauhan in the alleged offence, learned advocate
for the applicants submitted that she can be at the most held
responsible for committing offence under section 201 of Indian Penal
Code and not under section 302 of Indian Penal Code.
In
view of the aforesaid facts and circumstances, learned advocate for
the applicants submitted that applicant no.2 Kailasben Ramabhai
Chauhan deserves to be enlarged on bail and the prayer as set out in
the application be granted qua applicant no.2.
Learned
APP Ms.T.K.Patel representing State while opposing the bail
application submitted that applicant no.2 Kailasben Ramabhai Patel
is also involved in serious offence punishable under sections 302,
201 read with section 114 of Indian Penal Code. Considering the role
of the applicant no.2 and the manner in which offence is committed
by the applicant no.2 along with co-accused, no discretionary relief
be granted and the application deserves to be rejected out of hand.
I
have considered rival submissions and on perusal of role attributed
to applicant no.2 as reflected in First Information Report at
Annexure-A to the application, police papers, statements of
witnesses as well as FSL report, I am of the view that applicant
no.2 Kailasben Ramabhai Chauhan, without discussing in detail the
evidence on record, deserves to be enlarged on bail.
For
the foregoing reasons, the application is allowed and the applicant
no.2 Kailasben Ramabhai Patel is ordered to be enlarged on regular
bail in connection with I-C.R.No.71 of 2009 registered at Balasinor
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
his residence without prior permission of this Court;
[f] maintain
law and order.
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.
Bail
bond to be executed before the lower Court having jurisdiction to
try the case.
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.
Rule
is made absolute qua applicant no.2 and Rule is discharged qua
applicant no.1. Direct Service is permitted.
(H.B.ANTANI,
J.)
Amit/-
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