Monghiben @ Manishaben W/O Arvindbhai ... vs State Of Gujarat on 2 December, 2020

[Cites 3, Cited by 0]

Gujarat High Court

Monghiben @ Manishaben W/O Arvindbhai ... vs State Of Gujarat on 2 December, 2020

Bench: R.P.Dholaria

        R/CR.MA/12358/2020                                       ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL MISC.APPLICATION NO. 12358 of 2020

==========================================================
MONGHIBEN @ MANISHABEN W/O ARVINDBHAI DEVSHIBHAI KANJARIA
                         Versus
                   STATE OF GUJARAT
==========================================================
Appearance:
DHRUVIN P BHUPTANI(8295) for the Applicant(s) No. 1
MR. JAY M THAKKAR(6677) for the Applicant(s) No. 1
MR.R.C.KODEKAR APP(2) for the Respondent(s) No. 1
==========================================================

  CORAM:HONOURABLE MR. JUSTICE R.P.DHOLARIA

                             Date : 02/12/2020

                              ORAL ORDER

[1] This bail application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with an offence being C.R.No.11202002200419 of 2020 registered with City C Division Police Station, Jamnagar for the offence punishable under Sections 302 of the Indian Penal Code & Section 135(1) of the G.P.Act.

[2] Learned advocate appearing on behalf of the applicant through video conferencing submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

[3] Learned Additional Public Prosecutor appearing on behalf of the respondent-State through video conferencing has opposed grant of regular bail looking to the nature and gravity of the offence.

[4] Having heard the learned advocates for the parties and taking into consideration that (i) after conclusion of investigation, chargesheet has already been filed;(ii) prima facie, it appears from the record that Page 1 of 3 Downloaded on : Wed Dec 02 23:49:34 IST 2020 R/CR.MA/12358/2020 ORDER the victim was the mother-in-law of the present applicant, who is suffering from mental imbalance, and while the present applicant was looking after her, she was harassing the present applicant, therefore, due to sudden grave and provocation, the alleged incident occurred; (iii) the applicant is a lady accused and she is in jail for about last 8 months.

[5] In the peculiar facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with an offence being C.R.No.11202002200419 of 2020 registered with City C Division Police Station, Jamnagar on executing a personal bond of Rs.15,000/- (Rupees Fifteen thousands only) with one 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 injuries to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave India without prior permission of the Sessions Judge concerned;

[e] mark presence before the concerned Police Station on alternate Monday for initial three months and thereafter, on first Monday of every English calendar month, for a further period of three months, between 10:00 a.m. and 2:00 p.m.;

Page 2 of 3 Downloaded on : Wed Dec 02 23:49:34 IST 2020

R/CR.MA/12358/2020 ORDER [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;

[6] 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 Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the learned Lower 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 to the aforesaid extent.

[7] Registry to send the copy of the this Order to the concerned Jail Authority through Fax and Email.

(R.P.DHOLARIA, J) CHANDRESH Page 3 of 3 Downloaded on : Wed Dec 02 23:49:34 IST 2020

Unlock Advanced Research with PRISMAI

Gujarat High Court