Heard learned Senior Advocates appearing for the private parties and learned APP for the respondent-State of Gujarat.
2 The following are the events for which this petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 is filed.
2.1 The petitioner is the sister-in-law of the respondent No.2. Due to the disputes cropped between brother of the petitioner and respondent No.2, husband of respondent No.2 filed petition for seeking divorce on the ground of cruelty against the respondent No.2 on 24.02.2010 in the Court of District and Sessions Judge, Tis Hazari Courts, Delhi.
2.2 On 04.05.2010 the respondent No.2 filed Criminal Complaint being CR No.I-233/2010 with Ellisbridge Police under Sections 498A, 406, 506(2), 323, 114 and 34 of the Indian Penal Code and under Sections 3 and 7 of Dowry Prohibition Act.
2.3 The petitioner preferred Criminal Misc. Application No.7174 of 2010 and this Court though initially granted ad-interim relief in favour of the petitioner, but ultimately dismissed the said application by order dated 18.08.2011. Being aggrieved by the order dated 18.08.2011, the petitioner filed S.L.P. [Cri.] No.7339 of 2011 before the Apex Court and the Apex Court granted stay of arrest. Thereafter, the petitioner filed an application before the Sessions Judge, Delhi for seeking transit anticipatory bail and the same was granted by order dated 11.11.2011 for a period of one month. Thereafter the petitioner preferred Criminal Misc. Application No.4696 of 2011 before the learned Additional Sessions Court, Ahmedabad and after hearing both the parties the learned Judge was pleased to grant anticipatory bail vide order date 06.01.2012 on condition that the petitioner shall remain present on 9th and 10th of January, 2012 before the Investigating Officer and shall tender passport along with surety.
2.4 As the petitioner could not remain present before the Investigating Officer on 9th and 10th of January, 2012, the petitioner preferred Criminal Misc. Application No.164 of 2012 for extension of time for remaining present before the Investigating Officer, against which, the original respondent No.2 filed Criminal Misc. Application No.352 of 2012 for cancellation of bail on the ground of breach of condition. The learned Judge after hearing the parties rejected the application filed by the petitioner for extension of time and allowed the application filed by the respondent No.2 cancelling the order dated 06.01.2012 in Criminal Misc. Application No.4696 of 2011 granting bail to the petitioner. Hence the present petition.
3 In the backdrop of the above facts, Mr. J.M.Panchal, learned Senior Advocate appearing with Mr. Rituraj Meena, learned advocate for the petitioner submits that due to the circumstances beyond the control of the petitioner, she could not remain present before the Investigating Officer, as per the direction issued by the learned Additional Sessions Judge. It is submitted by learned Senior Advocate that the petitioner at the time of hearing of the extension application were present before the learned Additional Session Judge. It is further submitted that the petitioner is ready and willing to comply with the conditions imposed by the learned Sessions Judge while granting anticipatory bail.
4 Mr.
P.M.Thakkar, learned Senior Advocate, appearing for respondent-complainant submits that the reasons advanced by the petitioner for not complying with the condition appears to be galore, but at the same time, on the ground of inability on the part of the petitioner to comply with the conditions of the order dated 06.01.2012, the cancellation of bail by impugned order, cannot be said to be illegal or contrary to law.
5 Having heard learned Senior Advocates for the private parties and learned APP for the respondent State of Gujarat and considering the reasons stated on oath by the petitioner for not complying with the condition to remain present before the Investigating Officer on 9th and 10th of January, 2012, I am inclined to allow this petition by quashing and setting aside orders dated 10.02.2012 passed by the Additional Sessions Judge, Court No.12, City Sessions Court, Ahmedabad in Criminal Misc. Application No.164 of 2012 and in Criminal Misc. Application No.352 of 2012 and modifying the condition No.1 and Condition No.4 of the order dated 06.01.2012 passed by the learned Additional Sessions Judge, Court No.12, City Sessions Court, Ahmedabad in Criminal Misc. Application No.4696 of 2011, as under;
Condition No.1:
The petitioner shall remain present before the Investigating Officer on 03.05.2012 and 04.05.2012 between 10.00 am to 05.00 pm;
Condition No.4:
The petitioner shall not leave India without prior permission of the Trial Court.
Rest of the conditions of the order dated 06.01.2012 passed by the learned Additional Sessions Judge shall remain as they are.
[Anant S. Dave, J.] *pvv Top