By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release her on regular bail in connection with CR No.I-237 of 2010 registered with Gandhidham 'A" Division Police Station for the offence punishable under Sections 302 of IPC and 135 of Bombay Police Act.
Heard Mr.Nikhil Kariel, learned counsel for the applicant and Mr.N.J.Shah, learned Additional Public Prosecutor for respondent-State.
Mr.Nikhil Kariel, learned counsel for the applicant, has contended that the husband of the applicant-wife was in habit of consuming alcohol and on 20-12-2010 when complainant Ashok, son of the deceased and applicant-accused, came to the house buying wheat flour, he found that his father was quarrelling with his mother due to which, the complainant asked his father not to quarrel with his mother. It is also submitted that as the deceased was suspecting his wife of having some illicit relation with one Raju, deceased gave kick and fist blows in that regard on the abdominal part of the applicant accused as a result of which, applicant accused became unconscious and on the same day during night hours, as deceased was murmuring, applicant got excited and caused injury to her husband with iron pipe on the head and deceased lost his life. Looking to the bad conduct of the deceased with the applicant and the circumstances that led to happening of the incident, it is requested that the applicant-wife may be enlarged on bail.
Mr.N.J.Shah, learned Additional Public Prosecutor, has vehemently opposed the present application and contended that the applicant is involved in a serious offence. Even prima-facie case is made out against the applicant and hence, applicant may not be released on bail.
It is true that the unfortunate incident of murder of husband of the applicant-wife took place. However, considering the conduct of the deceased-husband with the applicant wife and the manner in which the incident took place coupled with the fact that the charge-sheet is filed since long and applicant is in custody since 21-12-2010, without entering into the merits of the case, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail.
Hence, the applicant is ordered to be released on bail in connection with CR No.I-237 of 2010 registered with Gandhidham 'A" Division Police Station, for the offence alleged against her in this application on her executing a bond of Rs.10,000/- (Rupees ten thousand only) with one solvent 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 her liberty or abuse her liberty;
b) not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) maintain law and order and should cooperate the Investigating Officer;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) furnish the address of her residence to the Investigating Officer and also to the Court with documentary proof of residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
g) surrender her passport, if any, to the lower Court within a week.
If the breach of any of the above conditions is committed, the concerned Court will be free to issue warrant or take appropriate action in the matter.
Bail before the lower Court having jurisdiction to try the case. It would be open to the trial Court concerned to give time to furnish the solvency certificate if prayed for. Rule is made absolute. Direct service is permitted.
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.
[M.D.SHAH,J.] radhan Top