The order of learned Addl. Sessions Judge, Mehsana dated 27th January 2012 grating regular bail to the father in law and brother in law of the deceased-Sabana Bhanu is challenged in this application, preferred under Section 401 read with Section 397 CrPC. The main challenge is on the ground that the suicidal note recovered from the dead body was not considered while granting the bail to the respondents no. 2 & 3 herein. It is also further argued that the anticipatory bail granted to these persons also was challenged by a separate application. It is further submitted to the Court that the investigation is over and the chargesheet has been filed in I-C.R No. 219 of 2011 registered on 27th January 2012 for the offences punishable under Sections 306, 498 (A), 114 IPC read with Sections 3 & 7 of the Dowry Prohibition Act with Mehsana Taluka Police Station, Mehsana.
On having perused the order impugned and on examining the material on record, this Application is not required to be entertained. The Court has taken sufficient care while granting regular bail to the accused. It appears that the respondents herein and others were not allowed anticipatory bail in Criminal Misc. Application No. 948 of 2011. The High Court of Gujarat granted anticipatory bail to these persons, considering the fact that the deceased was residing separately two months prior to her death and the husband was residing at ONGC Colony at Mehsana and the other accused were residing separately, and on the lines of conditions imposed by this Court, the trial Court granted regular bail. On merits, no case is made out for cancellation of the bail as the parameters would completely change as far as cancellation of bail is concerned. Resultantly, this Application fails and the same is rejected.
{Ms.
Sonia Gokani, J.} Prakash* Top