Bhanuben Hasanbhai Kalaniya vs State Of Gujarat

1. Rule. Learned APP Mr.Ronak Raval waives service of Rule on behalf of the respondent State.

2. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R.No.11198035201250 of 2020 registered with Mahuva Police Station, District Bhavnagar for offence under Sections 302, 323, 504, 143, 147, 148, 149, 34 of the Indian Penal Code and Section 135 of the G.P. Act.

3. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

4. Learned APP appearing on behalf of the respondent-

State has opposed grant of regular 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, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

7. This Court has considered following aspects,

(a) applicant is lady accused. She is in jail since 07.06.2020;

(b) applicant is shown as accused No.7 in the FIR, whereas co-accused Gangaben Gagubhai is shown as accused No.6 in the FIR in question;

(c) it is submitted by learned advocate for the applicant that the Coordinate Bench of this Court has considered the case of the co- accused Gangaben Gagubhai vide order dated 13.08.2020. Copy of the said order is placed on record at page 23. In para 9 of the said order, Coordinate Bench has observed as under:

"This Court has considered the aspects, viz. (a) the applicant is a lady, aged 45 years;(b) the applicant is in jail since 7.6.2020;(c) the remand period is over; and (d) the role attributed to the applicant is limited to instigating other persons. Looking to the overall facts and circumstances of the case, I am inclined to consider the case of the applicant."

(d) it is submitted that the role attributed to Page 2 of 4 Downloaded on : Sat Aug 29 04:02:29 IST 2020 R/CR.MA/12078/2020 ORDER the present applicant is exactly similar to that of the co-accused who has been enlarged on bail by the Coordinate Bench of this Court;

In view of the aforesaid submissions canvassed by learned advocate for the applicant and in the overall facts and circumstances of the present case, I am inclined to consider the case of the applicant.

8. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in [2012] 1 SCC 40.

9. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R.No.11198035201250 of 2020 registered with Mahuva Police Station, District Bhavnagar on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the 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 passport, if any, to the lower court within a week;

[d] not leave the India without prior permission of the concerned trial court; [e] mark presence before the concerned Police Station between 1st to 10th day of every English calendar month for a period of six Page 3 of 4 Downloaded on : Sat Aug 29 04:02:29 IST 2020 R/CR.MA/12078/2020 ORDER months between 11:00 a.m. and 2:00 p.m.; [f] furnish the present 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 concerned trial court;

10. The authorities shall adhere to its own circular regarding Covid-19 and thereafter 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 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.

11. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.

12. Rule is made absolute to the aforesaid extent.

Direct service is permitted. Registry to communicate this order to the concerned Court/Authority through Fax or Email.

(VIPUL M. PANCHOLI, J.) SRILATHA Page 4 of 4 Downloaded on : Sat Aug 29 04:02:29 IST 2020