The present application is placed before this Court pursuant to an order passed by the Hon ble the Chief Justice on 04.03.2013 on office submission.
The present application is filed by the accused (husband) who had earlier filed Criminal Misc. Application No.16240 of 2012 along with his mother seeking bail. By order dated 20/11/2012, the bail was granted qua mother, but the application was not pressed qua the present applicant-husband.
Heard learned advocate Mr. R.D.Kinariwala. Learned advocate invited attention of the Court to the complaint itself and also to an order passed by the learned 2nd Additional Sessions Judge, Rajkot in Criminal Application No.98 of 2013.
Learned Additional Public Prosecutor, Ms. Jirga Jhaveri invited the attention of the Court to the facts of the case and submitted that the marriage spell was only 8 months and in such short period the wife has committed suicide. Learned APP submitted that the offence under Section 306 is a serious and heinous offence and therefore, the Court may not consider the application for bail favourably.
Learned advocate for the applicant while arguing the matter invited the attention of the Court to the exact nature of the allegations made against the present applicant and his mother. Learned advocate for the applicant submitted that his mother is widowed lady and one of the allegation is that the applicant was giving due attention and some time to his mother.
On taking into consideration the overall facts of the case, the Court is of the opinion that it will be in the interest of the justice if the applicant is allowed to be enlarged on bail on same terms on which the mother was granted bail.
The applicant is ordered to be released on bail in connection with offence registered with Mahila Police Station, Rajkot bearing CR No.I-59 of 2012 on his executing a bond in the sum of Rs. 5,000-(Rupees five thousand only) with one surety of the like amount to the satisfaction of the lower Court and subject to the conditions that he shall:
[a] not take undue advantage of his liberty or abuse his liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] maintain law and order;
[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[e] furnish the address of her residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
[f] surrender her passport, if any, to the lower Court immediately.
If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.
Bail before the Lower Court having jurisdiction to try the case.
10. Rule is made absolute. Direct service is permitted.
11. At the request of learned APP it is clarified that any observation made in this order shall not influence the learned Judge before whom the trial takes place.
(RAVI R.TRIPATHI, J.) Pankaj Page 3 of 3