Gujarat High Court
Farzana D/O Yakub Vaska vs State Of Gujarat on 21 July, 2022
Author: Nikhil S. Kariel
Bench: Nikhil S. Kariel
R/CR.MA/13266/2022 ORDER DATED: 21/07/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 13266 of 2022
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FARZANA D/O YAKUB VASKA
Versus
STATE OF GUJARAT
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Appearance:
MR BRIJ V SHETH(10594) for the Applicant(s) No. 1
MR RONAK RONAL ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 21/07/2022
ORAL ORDER
1. Heard learned Advocate Mr. Brij Sheth on behalf of the applicant and learned Additional Public Prosecutor Mr. Ronak Raval on behalf of the respondent-State.
2. Rule. Learned APP waives service of notice on behalf of the respondent- State.
3. By way of this application under Section 438 of the Code of Criminal Procedure, 1973, the applicant prays for being released on anticipatory bail apprehending her arrest in connection with C.R. No.11207002210525 of 2021 registered with Godhara B Division Police Station, District:
Panchmahal on 28.05.2021 for offences punishable under Sections 8(2) and 10 of Animal Preservation ( Amendment ) Act, 2017, Section 11(1)(n) of Prevention of Cruelty to Animals Act, 1960, Section 429 of the Indian Penal Code and Section 118 of the Gujarat Police Act.
4. Learned Advocate Mr. Brij Sheth on behalf of the applicant would submit that accused no. 4 being the husband of the present applicant, who Page 1 of 4 Downloaded on : Fri Jul 22 20:33:21 IST 2022 R/CR.MA/13266/2022 ORDER DATED: 21/07/2022 was also allegedly present at the place of the offence and who also had along with the present applicant, absconded upon seeing the police party, having been released on anticipatory bail, by learned Co-ordinate Bench of this Court, the present applicant may also be released on anticipatory bail on the ground of parity.
4.1 Learned Advocate Mr. Sheth or the applicant submits that the nature of allegations are such for which custodial interrogation at this stage may not be necessary. Besides, the applicant is available during the course of investigation and will not flee from justice. In view of the above, the applicant may be granted anticipatory bail.
Learned Advocate for the applicant on instructions states 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 his remand. He would further submit that upon filing of such application by the Investigating Agency, the right of applicant-accused to oppose such application on merits may be kept open.
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. Heard learned Advocates for the parties, who have not submitted anything else.
7. Considering the submission made by learned Advocate Mr. Brij Sheth more particularly the submission that accused no. 4 being the husband of the present applicant, who was also allegedly present at the place of the offence and who also had along with the present applicant, absconded upon seeing the police party, having been released on anticipatory bail, by learned Page 2 of 4 Downloaded on : Fri Jul 22 20:33:21 IST 2022 R/CR.MA/13266/2022 ORDER DATED: 21/07/2022 Co-ordinate Bench of this Court, on the ground of parity, the present applicant is also required to be released on pre-arrest bail.
8. 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 a FIR being C.R. No.11207002210525 of 2021 registered with Godhara B Division Police Station, District: Panchmahal on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of like amount on the following conditions that the applicant shall :
(a) shall cooperate with the investigation and make herself available for interrogation whenever required;
(b) shall remain present at concerned Police Station on 26.07.2022 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 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 his residence till the final disposal of the case till further orders;
(f) shall not leave India without the permission of the Trial Court and if having passport shall deposit the same before the Trial Court Page 3 of 4 Downloaded on : Fri Jul 22 20:33:21 IST 2022 R/CR.MA/13266/2022 ORDER DATED: 21/07/2022 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;
6. Despite this order, it would be open for the Investigating Agency to apply to the competent Magistrate, for police remand of the applicant. The applicant 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 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 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.
7. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order. 8. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(NIKHIL S. KARIEL,J) NIRU Page 4 of 4 Downloaded on : Fri Jul 22 20:33:21 IST 2022