IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 13251 of 2012 For Approval and Signature:
HONOURABLE MS JUSTICE SONIA GOKANI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of the judgment ?
4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ?
5 Whether it is to be circulated to the civil judge ?
========================================================= DARSHNABEN @ NISHABEN K PATEL - Applicant(s) Versus STATE OF GUJARAT - Respondent(s) ========================================================= Appearance :
MR MM TIRMIZI for Applicant(s) : 1, MR.R.C.KODEKAR, LD. ADDL. PUBLIC PROSECUTOR for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MS JUSTICE SONIA GOKANI Date : 15/10/2012
ORAL JUDGMENT
1. The applicant has filed this application under Section 439 of Code of Criminal Procedure for grant of Regular bail in connection with IC.R. No.116/2008, registered at Talala Police Station, Junagadh, for the offenses punishable under Sections 406, 420, and 114 of the Indian Penal Code.
2. The case of the prosecution is of alleged cheating by the wife, who left the house of the husband after her second marriage in about 20 days time.
3. Ld. Advocate Mr. M.M.Tirmizi appearing for the applicantwife has urged that this is only an attempt to wriggle out of legal liabilities as a husband because the matrimonial life was not smooth. He urges the Court that this is novel way of alleging against the wife, who otherwise is not found to have either cheated or defrauded the husband in any manner. She resides with her children from the first marriage and no cause is made out for lodging such a complaint.
4. Ld. APP, Mr.K.P.Raval appearing for the state confirms that the lady has no criminal past antecedents and the investigation has been completed.
5. In the facts and circumstances of the case, the application is allowed for the following reasons.
6. Very narration in the complaint indicates that this was a second marriage of the wife and she had gone to Nadiad and thereafter to Mumbai where her mother resides. Say of availing one lac rupees for reception and other details would not be potent enough to deny discretion the lady. She would be available at the time of trial and hence, no pretrial punishment is required.
7. The applicant is ordered to be released on regular bail in connection with First Information Report registered as IC.R. No.116/2008, registered at Talala Police Station, Junagadh, for the offenses punishable under Sections 406, 420, and 114 of the Indian Penal Code on executing a bond of Rs.20,000/ (Rupees Twenty Thousand only) with two sureties, from which one must be the local 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 liberty or misuse liberty;
(b) not act in a manner injurious to the interest of the prosecution;
(c) surrender passport, if any, to the lower court within a week;
(d) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
(e) mark presence at the concerned police station on the first Monday of every month between 10.00 a.m. and 3.00 p.m. for three months only and thereafter to mark presence before the court concerned as may be directed by it;
(f) furnish the present address of residence to the I.O. 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;
(g) shall not temper with the evidence nor act in breach of law nor intimidate any witness directly or indirectly.
8. The Authorities will release the applicant only if not required in connection with any other offence for the time being.
9. 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.
10. Bail bond to be executed before the lower court having jurisdiction to try the case.
11. For modification of the condition no.(e) herein above, the applicant will be at liberty to approach the concerned Court and such Court shall decide such application for modification of condition of this order in accordance with law.
12. 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 applicant on bail.
13. This application is allowed. Direct service is permitted. Rule is made absolute.
(Ms. Sonia Gokani, J.) Ankit*