IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 13926 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 ?
========================================================= GAYATRIBEN D/O KHODABHAI SHIVABHAI PARMAR & W/O ANILBHAI MAN & 1 - Applicant(s) Versus STATE OF GUJARAT - Respondent(s) ========================================================= Appearance :
MR. VD MEWADA for Applicant(s) : 1 - 2. PUBLIC PROSECUTOR for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MS JUSTICE SONIA GOKANI Date : 15/10/2012
ORAL JUDGMENT
1. The applicants have filed this application under Section 439 of Code of Criminal Procedure for grant of Regular bail in connection with IC.R. No.28/2012 dated 05.02.2012, registered at Chandkheda Police Station, for the offenses punishable under Sections 363, 363(A), 366, 376, 368 and 114 of the Indian Penal Code.
2. At the outset, ld. Advocate appearing for the applicants stated at bar that he does not press this application qua applicant No.2 at this stage.
3. The prosecutrix was found missing since 31.01.2012, it was alleged that one Ramesh Parmar kidnapped her after tempting her with intent to commit alleged offences.
4. It is also the case of the prosecution that they travelled from Kalol to Viramgam and thereafter reached Vadodara and from there, they had gone to Ludhiyana. They appear to have stayed at the house of present applicant, who is the daughter of Khodabhai Shivabhai. Offenses under Section 366(A) and 376 are added subsequently on 08.05.2012. It is urged that the petitioner is mother of 9 months old baby and she is in the judicial custody.
5. Upon hearing both the sides and on careful examination of the papers and also considering the grant of regular bail to some of the coaccused, this applicant deserves to be enlarged on regular bail.
6. The applicant No.1 herein has one 9 months old child with her inside the jail and the actual role attributed is of giving shelter to the main accused. It further come from the record that the main accused has also been enlarged on regular bail. The very fact that she has a 9 months' old baby inside the jail premise, is a potent ground enough for the Court to consider the request, over and above the reasons mentioned herein above for exercising the discretion of this Court in favour of the applicant.
7. Accordingly, this Application stands allowed qua applicant No.1. Applicant No.1 is ordered to be released on regular bail in connection with IC.R. No.28/2012 dated 05.02.2012, registered at Chandkheda 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 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 India without prior permission of the Sessions Judge concerned;
(e) 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;
(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;
8. Jail 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 trial Court 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 and/or deletion of any of the conditions herein above, the applicant will be at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions 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. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
Ankit* (MS SONIA GOKANI, J.)