Gujarat High Court
Gautamiben Virsingbhai Kamjibhai ... vs State Of Gujarat on 13 July, 2021
Author: A. S. Supehia
Bench: A.S. Supehia
R/CR.MA/8789/2021 ORDER DATED: 13/07/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 8789 of 2021
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GAUTAMIBEN VIRSINGBHAI KAMJIBHAI DAMOR
Versus
STATE OF GUJARAT
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Appearance:
MR A A ZABUAWALA(6823) for the Applicant(s) No. 1
MR HIMANSHU K PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 13/07/2021
ORAL ORDER
[1] Heard the learned advocates for the respective parties by video conferencing.
[2] By way of the present application filed under Section 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail in connection with the FIR being C.R. No.11187007210103 of 2021 registered with Santrampur Police Station, Dist.Mahisagar for the offences punishable under Sections 306, 498A and 114 of the Indian Penal Code, 1860 (IPC).
[3] The case of the prosecution in brief is that the applicant and the other co-accused have meted out the cruelty and physical harassment and also had levelled the allegations against the daughter of the first informant with regard to the illicit relationship with other persons, due to which the daughter of the first informant committed suicide. It is specifically alleged that one year prior to the alleged incident, the applicant and other co-accused used to harass the deceased.
Page 1 of 6 Downloaded on : Sat Jul 17 00:52:23 IST 2021R/CR.MA/8789/2021 ORDER DATED: 13/07/2021 [4] Learned advocate has submitted that there is no role of the applicant in the offence as alleged. He has further submitted that even the first informant has made no specific allegation against the applicant regarding any instigation or abatement given to the deceased. He has further submitted that the deceased was having two minor children, who are being taken care by the applicant and if the applicant is taken into the judicial custody, there will no one left in the family to look after the kids. He has further submitted that on a close reading of Section 306 of the IPC and the principles laid down by the Apex Court in various decisions, it is apparent that in case under Section 306 of the IPC, there should be clear mens rea to commit the offence and there should be direct or active act by the accused, which lead the deceased to commit suicide, that is to say that there must be some evidence of "instigation", "cooperation" or "initial assistance" by the accused to commit suicide by the victim / deceased. It is submitted that there is absence of the active or passive role of the applicant in abatement of suicide. Learned advocate for the applicant has submitted that the nature of allegations are such for which custodial interrogation of the applicant at this stage is not necessary. He has further submitted that the applicant will keep herself available during the Page 2 of 6 Downloaded on : Sat Jul 17 00:52:23 IST 2021 R/CR.MA/8789/2021 ORDER DATED: 13/07/2021 course of investigation, as well as in the trial also and will not flee from justice.
[4.1] Learned advocate for the applicant, upon instructions, has submitted that the applicant is 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 her remand. He has further submitted that upon filing of such application by the investigating agency, the right of the applicant accused to oppose such application on merits may be kept open. Learned advocate, therefore, has submitted that considering the above facts, the applicant may be granted anticipatory bail.
[5] On the other hand, the 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 applicant.
[7] This Court has considered following aspects;
(a) The role attributed to the applicant;
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(b) Minor children of the deceased are with the applicant, who is the grandmother of the children;
(c) Considering the facts of the case, the custodial interrogation of the applicant at this stage is not necessary.
(d) From the allegations levelled in the F.I.R., prima facie it appears that there is no instigation or abatement at the behest of the applicant, which would have left the deceased with no other option but to commit suicide.
[8] This Court has also taken into consideration the law laid down by the Apex Court in the cases of Sushila Aggarwal vs. State (Nct of Delhi), AIR 2020 SC 831 and Siddharam Satlingappa Mhetre vs State of Maharashtra, A.I.R. 2011 S.C. 312.
[9] In the result, the present application is allowed. The applicant is ordered to be released on bail in the event of her arrest in connection with FIR being C.R. No.11187007210103 of 2021 registered with Santrampur Police Station, Dist.Mahisagar on her executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of like amount on the following conditions that she :
(a) shall cooperate with the investigation and make herself available for interrogation whenever required;
(b) shall remain present at the concerned Police Station on 20.07.2021 between 11.00 a.m. and 2.00 p.m.;Page 4 of 6 Downloaded on : Sat Jul 17 00:52:23 IST 2021
R/CR.MA/8789/2021 ORDER DATED: 13/07/2021
(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 her 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 her 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.
[10] Despite this order, it would be open for the investigating agency to apply to the competent Magistrate, for police remand of the applicant, if he considers it proper and just and the Magistrate would decide it on merits. The applicant shall remain present before the concerned Magistrate on the first date of hearing of such application and on all subsequent occasions, as may be directed by the concerned Magistrate. This would be sufficient to treat the accused in the judicial custody for the purpose of entertaining the application of the prosecution for police remand. This is, however, Page 5 of 6 Downloaded on : Sat Jul 17 00:52:23 IST 2021 R/CR.MA/8789/2021 ORDER DATED: 13/07/2021 without prejudice to the right of the accused to seek stay against an order of remand, if, ultimately, granted, and the power of the concerned Magistrate to consider such a request in accordance with law. It is clarified that the applicant, 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.
[11] At the trial, the concerned trial court shall not be influenced by the prima facie observations made by this Court in the present order.
[12] The application is allowed in the aforesaid terms. RULE is made absolute to the aforesaid extent. Registry is directed to send a copy of this order to the concerned authority / court through Fax message, email and/or any other suitable electronic mode.
[13] Learned advocate for the applicant is also permitted to send a copy of this order to the concerned authority/court through Fax message, email and/or any other suitable electronic mode.
Sd/- .
(A. S. SUPEHIA, J)
NVMEWADA
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