These applications are filed under Section 439 of the Code of Criminal Procedure in connection with a common First Information Report registered as I-C.R. No.11/2007 with CID Crime Police Station, Gandhinagar for the offences punishable under Sections 302, 120(B) and 34 of the Indian Penal Code.
Learned Senior Counsel Mr. N.D. Nanavaty appearing for the applicants in both the applications submits that the incident occurred in the year 2004. It is alleged that as the accused - Sarlaben has illicit relations with one - Sanjay Barot, the accused - Sarlaben, Sanjay Barot and another accused - Ajit at odd hours of the night in the house of the deceased administered poison to the deceased and committed the crime of murder. Initially a complaint was lodged before the Court of the learned Judicial Magistrate First Class and the Court has passed an order to hold an enquiry under Section 156(3) of the Code of Criminal Procedure. Pursuant to this order, an investigation was carried out by the investigating officer and filed a 'B' Summary Report before the Trial Court and after giving an opportunity of hearing to the complainant, the JMFC Court had accepted the 'B' Summary Report. The said order was challenged before the Sessions Court by way of filing a revision application and the revision application was dismissed and the Court has confirmed the said order and both these orders are confirmed by this Court also. Thereupon, in 2006 a complaint was registered with C.I.D. (Crime) and the investigating officer at the end of the investigation file a chargesheet for the alleged offences.
Learned Senior Counsel Mr. Nanavaty also submits that the main witnesses to the crime are the two minor daughters of the deceased and their statements were recorded in the year 2006.
He also submits that both the minor children were in custody of their grandfather since 2004. It is submitted that Sarlaben had left the home in 2004 and the minor children disclosed the facts before their grandfather in 2006 only.
Considering the above aspect, it is submitted that the applicants of both the applications may be enlarged on bail.
Heard learned Additional Public Prosecutors Mr. L.B. Dabhi and Ms. C.M. Shah for the respondent-State appearing in these Applications.
It is submitted by the APP's that both the minor daughters were in custody of the mother - Sarlaben but they did not disclose the real story then but only when their mother left the house and came at the house of their grandfather, the children disclosed the facts before their grandfather.
Learned Counsels for the parties do not press for further reasoned order.
This Court has taken into consideration the fact that initially a 'B' Summary Report was filed by the investigation officer. This Court has also gone through the statements/s of the minor children which were recorded while they were in the custody of the grandfather and after a period of two years.
In the facts of the case, these applications are allowed and the applicants of both the Criminal Miscellaneous Applications are ordered to be released on bail in connection with a common First Information Report registered as I-C.R. No.11/2007 with CID Crime Police Station, Gandhinagar, on executing a bond of Rs.10,000/- (Rupees Ten Thousand Only) EACH with one solvent surety of the like amount to the satisfaction of the Trial Court and subject to the conditions that they shall;
a) not take undue advantage of liberty or misuse liberty;
b) not try to tamper or pressurize the prosecution witnesses or complainant in any manner;
c) not act in a manner injurious to the interest of the prosecution;
d) surrender their passports, if any, to the lower court within a week;
e) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) mark presence at the concerned Police Station on the first Sunday of every month between 10.00 a.m. and 3.00 p.m. for three months only;
g) furnish the present address of their residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court;
The authorities will release the applicants only if not required in connection with any other offence for the time being.
If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or 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 applicants on bail.
Rule made absolute in each of the applications. Direct Service is permitted.
Sd/-
(M.D.
Shah, J.) Caroline Top