Gujarat High Court
Khimiben Chanabhai Gamara vs State Of Gujarat on 10 August, 2023
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
R/CR.A/1312/2023 ORDER DATED: 10/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 1312 of 2023
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KHIMIBEN CHANABHAI GAMARA
Versus
STATE OF GUJARAT
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Appearance:
M S PADALIYA(7406) for the Appellant(s) No. 1,2,3
MR. SURAJ A SHUKLA(7185) for the Opponent(s)/Respondent(s) No. 2
MR. MANAN MEHTA, ADDL. PUBLIC PROSECUTOR for the
Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 10/08/2023
ORAL ORDER
1. By way of the present appeal under Section 14-A of the Atrocities Act read with section 438 of the Code of Criminal Procedure Code, the appellants - accused have prayed for anticipatory bail in connection with the FIR bearing I C. R. No.11208037230268 of 2023 registered with Kuvadava Police Station, District Rajkot City for the offences punishable under Sections 323, 504 and 114 of the Indian Penal Code and under Sections 3(1)(R) and 3(2)(5)(a) of the Atrocities Act.
2. Learned advocate for the appellants submits that the nature of allegations are such for which custodial interrogation at this stage is not necessary. He further submits that the appellants will keep themselves available during the course of investigation, trial also and will not flee from justice.
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3. Learned advocate for the appellants on instructions states that the appellants are ready and willing to abide by all the conditions including imposition of conditions with regard to powers of Investigating Agency to file an application before the competent Court for their remand. He further submit that upon filing of such application by the Investigating Agency, the right of appellants accused to oppose such application on merits may be kept open. Learned advocate, therefore, submitted that considering the above facts, the appellants may be granted anticipatory bail.
4. Learned advocate Mr. Rashesh Patel appearing for learned advocate Mr. Suraj Shukla for the original complainant has vehemently opposed this application and submitted that the the applicants are staying in neighborhood and therefore, there are all the chances that they may commit the offence of similar nature once again. The affidavit in reply filed by the original complainant is taken on record.
5. Learned Additional Public Prosecutor appearing on behalf of the respondent - State has opposed grant of anticipatory bail looking to the nature and gravity of the offence.
6. Having heard the learned advocates for the parties and perusing the material 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, I am inclined to grant anticipatory bail to the appellants.
7. This Court has considered following aspects, Page 2 of 5 Downloaded on : Sun Sep 17 00:56:12 IST 2023 NEUTRAL CITATION R/CR.A/1312/2023 ORDER DATED: 10/08/2023 undefined
(i) The applicants are lady accused.
(ii) Looking to the FIR it seems that this is a quarrel between the neighbors due to son of the complainant was driving a cycle in very careless and rash manner and as he was scolded and slapped by the accused persons, the offence has taken place which indicates that this is the offence arising out of quarrel between the neighbors and more particularly ladies.
(iii) None of the applicants are having any antecedent.
(iv) The applicants have shown willingness to cooperate with the investigation.
8. In the facts and circumstances of the present case, since the custodial interrogation of the appellants are not required, I am inclined to consider the case of the appellants.
9. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Siddharam Satlingappa Mhetre Vs. State of Maharashtra and Ors., reported at [2011] 1 SCC 694, wherein the Hon'ble Apex Court reiterated the law laid down by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia & Ors. Vs. State of Punjab, reported at (1980) 2 SCC 565.
10. In the result, the present appeal is allowed. The appellants are ordered to be released on bail in the event of their arrest in connection with FIR I C. R. No.11208037230268 of 2023 registered with Kuvadava Police Station, District Rajkot City on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety each of like amount on the following conditions :
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(a) shall cooperate with the investigation and make themselves available for interrogation whenever required;
(b) shall remain present at concerned Police Station on 21.08.2023 between 11.00 a.m. and 2.00 p.m.;
(c) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade them from disclosing such facts to the court or to any police officer;
(d) shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;
(e) shall at the time of execution of bond, furnish the address to the investigating officer and the court concerned and shall not change residence till the final disposal of the case till further orders;
(f) shall not leave India without the permission of the concerned trial court and if having passport shall deposit the same before the concerned trial court within a week; and
(g) it would be open to the Investigating Officer to file an application for remand if he considers it proper and just and the learned Magistrate would decide it on merits;
11. Despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for police remand of the appellants. The appellants shall remain present before the learned Magistrate on the first date of hearing of such application and on all subsequent occasions, as may be directed by the learned Magistrate. This would be sufficient to treat the accused in the judicial custody for the purpose of entertaining application of the prosecution for police remand. This is, however, without Page 4 of 5 Downloaded on : Sun Sep 17 00:56:12 IST 2023 NEUTRAL CITATION R/CR.A/1312/2023 ORDER DATED: 10/08/2023 undefined prejudice to the right of the accused to seek stay against an order of remand, if, ultimately, granted, and the power of the learned Magistrate to consider such a request in accordance with law. It is clarified that the appellants, even if, remanded to the police custody, upon completion of such period of police remand, shall be set free immediately, subject to other conditions of this anticipatory bail order.
12. At the trial, the concerned Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.
13. Accordingly, appeal is allowed. Direct service is permitted.
(NIRZAR S. DESAI,J) VARSHA DESAI Page 5 of 5 Downloaded on : Sun Sep 17 00:56:12 IST 2023