1. This is an application preferred under Section 439 of the Code of Criminal Procedure by the applicants who came to be arrested in connection with CR No. I-63 of 2010 registered at Jhagadia Police Station, District : Bharuch for the offence punishable under Sections 436, 504 and 114 of the Indian Penal Code. In the facts and circumstances of the case and by consent of both the sides, this application is taken up for hearing today.
2. At the outset, Ms. J.C. Bhatt, learned advocate for the applicants submitted that she does not press the present application qua applicant Nos.2,3 and 4, as the charge-sheet is not filed, however, considering the role attributed to the applicant No.1 as reflected in the FIR and Police papers, she deserves to be enlarged on bail.
3. Mr DC Sejpal, learned APP for the State, while opposing the bail application, submitted that applicant No.1 is equally involved in the offence punishable under Sections 436, 504 and 114 of the Indian Penal Code. Considering the manner in which the offence is committed by applicant No.1, she does not deserve any discretionary relief as prayed for in the application and the application be dismissed.
4. Considering the rival submissions and perused the role attributed to applicant No.1 as reflected in the FIR and police paper as well as provisions of Sections Sections 436, 504 and 114 of the Indian Penal Code, quantum of punishment, gravity offence, etc., I am of the view that applicant No.1 deserves to be enlarged on bail.
5. In the facts and circumstances of the case, the application is partly allowed and applicant No.1 is ordered to be enlarged on bail in connection with CR No. I-63 of 2010 registered at Jhagadia Police Station, District : Bharuch 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 her liberty or abuse her liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] surrender her passport, if any, to the lower court within a week;
[d] not leave the State of Gujarat without the prior permission of the Sessions court concerned;
[e] furnish the present address of her residence to the I.O. and also to the Court at the time of execution of the bond and shall not change her residence without prior permission of this Court;
[f] maintain law and order.
6. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or to take appropriate action in the matter.
7. Bail bond to be executed before the lower Court having jurisdiction to try the case.
8. 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.
9. Rule is made absolute to the extent indicated hereinabove qua applicant No.1. Rule is discharged qua applicant No.2,3 and 4. Direct service is permitted.
[H.B.ANTANI, J.] ynvyas Top