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Gujarat High Court

Laxmiben W/O. Lakhabhai Koli vs The State Of Gujarat on 1 October, 2020

Author: A. P. Thaker

Bench: A. P. Thaker

       R/CR.MA/14084/2020                                          ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION NO. 14084 of 2020

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            LAXMIBEN W/O. LAKHABHAI KOLI
                            Versus
                 THE STATE OF GUJARAT
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Appearance:
MR PREMAL S RACHH(3297) for the Applicant(s) No. 1
MS MOXA THAKKER APP (2) for the Respondent(s) No. 1
MR KR DAVE, for the Original Complainant
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CORAM: HONOURABLE DR. JUSTICE A. P. THAKER

                            Date : 01/10/2020

                             ORAL ORDER

[1] Heard Mr.Rachh, learned advocate for the applicant and Ms.Thakker, learned Additional Public Prosecutor for the respondent - State through Video Conferencing.

[2] Mr.K. R. Dave, learned advocate has submitted that he has instructions to appear on behalf of the original complainant and he will file his vakalatnama during the course of the day in the Registry.

[3] Registry is directed to accept the vakalatnama which may be filed by the learned advocate for the original complainant and place the same on record.

[4] RULE. Ms.Thakker, learned Additional Public Prosecutor waives service of notice of rule for respondent - State and Mr.Dave, learned advocate waives service of notice of rule for the Page 1 of 5 Downloaded on : Mon Mar 01 06:27:51 IST 2021 R/CR.MA/14084/2020 ORDER original complainant.

[5] The present application is filed under Section 439 of the Code of Criminal Procedure in connection with an FIR being C.R.No.I - 11993005200314 of 2020 registered with Adesar Police Station, District: Kuchchh - Gandhidham (East) for the offences punishable under Sections 302, 143, 144, 147, 148, 149, 341, 384, 120(B), 506(2), 34 etc. of the Indian Penal Code, Sections 25(1-b)A, 27, 29 of the Arms Act and Section 135 of the Gujarat Police Act.

[6] Learned advocate appearing for the applicant submits that the present applicant has been arraigned as accused on the basis of the improvement in the version of the complainant that the present applicant was present at the scene of offence and there is no overact attributed to the applicant. He submits that the other lady accused no.21 has been released on bail by this Court and the role attributed to the present applicant is similar to accused no.21. He further submits that there are three eye witnesses, out of which one is child witness and from his statement, it reveals that no female accused named in the FIR were present at the scene of offence. He further submits that on all these grounds and on the ground of parity, the applicant may be released on bail. He also submits that the investigation is over and the charge-sheet has already been filed. He further submits that considering the nature of evidence, role attributed to the applicant and punishment prescribed, this application for bail may kindly be considered and the applicant may be released on bail on stringent conditions.

[7] Learned Additional Public Prosecutor appearing on behalf Page 2 of 5 Downloaded on : Mon Mar 01 06:27:51 IST 2021 R/CR.MA/14084/2020 ORDER of the respondent-State has opposed grant of regular bail on the ground of the nature and gravity of the offence. She has submitted that she has verified the fact that the applicant has been arraigned as accused on the basis of her presence at the scene of offence and the co-accused has been enlarged on bail by this Court. She has submitted that considering the role attributed to the applicant, the application may be rejected.

[8] Learned advocate for the original complainant has submitted that the presence of the applicant is found at the scene of offence and it was conspiracy and other accused were having weapons in their hands and there cannot be any sudden provocation. He has further submitted that the applicant is a lady accused, who has instigated the male accused and this is a case of murder of five persons and, therefore, the application may be rejected.

[9] Having considered the submissions advanced by learned advocates for both the sides and considering the material placed on record, it appears that the role of the applicant is only that she was present at the scene of offence. There is material to the effect that she has taken any active part in inflicting the blow to the deceased. At the same time, it appears that similarly situated accused no.21 has been enlarged on bail by this Court and the role attributed to the present applicant is the same.

[10] Having perused the materials placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, at this stage, this Court is inclined to grant regular bail to the applicant.

R/CR.MA/14084/2020 ORDER [11] This Court has considered following aspects;

(i) That other co-accused is enlarged on bail;

(ii) The fact that the accused is in jail since 25.05.2020;

(iii) The investigation is over and the charge-sheet is led;

(iv) The applicant is a lady aged about 38 years;

(v) The applicant is arraigned as an accused on the basis of her presence at the scene of offence;

(vi) No overact is attributed to the applicant;

(vii) The assurance given by the learned advocate for the applicant that she will abide by all the conditions that may be imposed by this Court;

[12] This Court has also taken into consideration the law laid down by the Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, (2012) 1 SCC 40;

[13] In the result, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an FIR being C.R.No.I - 11993005200314 of 2020 registered with Adesar Police Station, District: Kuchchh - Gandhidham (East), on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one local surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that she shall;

[a] not take undue advantage of liberty or misuse 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;

           R/CR.MA/14084/2020                               ORDER



[d]    not leave the State of Gujarat without prior permission of
       the concerned Trial Court;
[f]     furnish latest address of residence to the Investigating

Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the Trial Court;

[14] The Authorities will release the applicant only if she is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the concerned Trial Court will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the Trial Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. At the trial, learned 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. Rule is made absolute accordingly.

[15] Registry is directed to intimate about this order to the concerned authorities through fax, email and/or any other suitable electronic mode. Learned advocate for the applicant is also permitted to intimate about this order to the concerned authorities through fax, email and/or any other suitable electronic mode.

(DR. A. P. THAKER, J) VR PANCHAL / SALIM Page 5 of 5 Downloaded on : Mon Mar 01 06:27:51 IST 2021