AB in Dowry, 306 case as accused is 52 yrs old diabetic & other accused already quashed. Guj. HC

“…regarding the FIR, … vide order dated 6.2.2015 quashed and set aside the FIR against other co- accused. ….”

“…that present applicant is aged about 52 years and suffering from diabetes and other ailments. ….”

“…Having heard the learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused, without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicant. ….”

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION NO. 19319 of 2015

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RANJANBEN MANILAL BHANDARI….Applicant(s)
Versus
STATE OF GUJARAT & 1….Respondent(s)
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Appearance:
MR ADIL R MIRZA, ADVOCATE for the Applicant(s) No. 1
MR HARDIK SONI APP for the Respondent(s) No. 1
RULE UNSERVED for the Respondent(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE Z.K.SAIYED

Date : 30/10/2015

ORAL ORDER

1. This is an application for anticipatory bail Section 438 of the Code of Criminal Procedure in connection with the FIR bearing CR No. I – 85 of 2009 registered with Umargam Police Station, for the offences punishable under Sections 498A, 306 and 114 of the Indian Penal Code.

2. Learned advocate for the applicant submitted that the applicant is an innocent lady and has not committed any alleged offence. He submitted that regarding the FIR, one application being Criminal Misc. Application No.4201 of 2010 was filed before this Court and this Court vide order dated 6.2.2015 quashed and set aside the FIR against other co- accused. He submitted that against present applicant, the FIR was not quashed, as said applicant was not pressed at that time. He also submitted that present applicant is aged about 52 years and suffering from diabetes and other ailments. He therefore, submitted that the present applicant may kindly be granted anticipatory bail by imposing suitable conditions.

3. Heard learned APP for the respondent State. He has vehemently opposed the present application and submitted that no discretionary relief is required to be exercised in favour of the present applicant.

4. Having heard the learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused, without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicant. This Court has also taken into consideration the law laid down by the Hon’ble Apex Court in the case of Siddharam Satlingappa Mhetre v. State of Maharashtra and Ors. reported in (2011)1 SCC 694, wherein the Hon’ble Apex Court reiterated the law laid down by the Constitutional Bench in the case of Shri Gurubaksh Singh Sibbia & Ors., reported in (1980)2 SCC 565.

5. Learned counsel for the parties do not press for further reasoned order.

6. In the result, the present application is allowed by directing that in the event of applicant herein being arrested pursuant to FIR being C.R.No.I- 85 of 2009 registered with Umargan Police Station, the applicant shall be released on bail on furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousands only) with one surety of like amount, on the following conditions that she shall:

[a] cooperate with the investigation and make herself available for interrogation whenever and wherever required.

[b] shall remain present at the concerned Police Station on 4.11.2015 at 11.00 AM [c] shall not hamper the investigation in any manner nor shall directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

[d] at the time of execution of bond, furnish her residential address to the investigating officer and the Court concerned and shall not change the residence till the final disposal of the case or till further orders;

[e] not leave State of Gujarat without the permission of the Court and, if holding a passport, she shall surrender the same before the Trial Court within a week;

[f] not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the police;

7. Despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for police remand of the applicant. The applicant shall remain present before the learned Magistrate on the first date of hearing of such application and on all subsequent occasions, as may be directed by the learned Magistrate. This would be sufficient to treat the accused in the judicial custody for the purpose of entertaining application of the prosecution for police remand. This is, however, without prejudice to the right of the accused to seek stay against an order of remand, if, ultimately, granted and the power of the learned Magistrate to consider such a request in accordance with law. It is clarified that the applicant, even if, remanded to the police custody, upon completion of such period of police remand, shall be set free immediately, subject to other conditions of this anticipatory bail order. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

8. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court while enlarging the applicant on bail.

9. Rule is made absolute. Application is disposed of accordingly. Direct service is permitted.

(Z.K.SAIYED, J.)

YNVYAS

*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
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CASE FROM JUDIS / INDIAN KANOON WEB SITE with necessary Emphasis, Re formatting
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