Pravinbhai Shankarbhai Koitiya vs State Of Gujarat

Ashutosh J. Shastri, J

RULE. Mr. J.K. Shah, learned Additional Public Prosecutor waives service of rule on behalf of the respondent â€" State.

The present application under Section 439 of the Code of Criminal Procedure is filed for regular bail in connection with FIR being C.R. No.

11191033201468 of 2020 registered with Meghaninagar Police Station for the offences punishable under Sections 307, 498A, 323, 294B, 506(1) and

114 of the Indian Penal Code as well as under Section 3 and 7 of the Dowry Prohibition Act.

Mr. Anand Tailor, learned advocate for the applicants, has at the outset, stated that considering the fact that the charge sheet has not been filed, he

may be permitted to withdraw this application in-so-far as applicant no. 1 - Pravinbhai Shankarbhai Koitiya is concerned. Permission, as prayed for, is

granted.

In-so-far as applicant no. 2 - Chandrikaben Pravinbhai Koitiya is concerned, Mr. Tailor, has submitted that she being a lady accused aged about 56

years, be considered since the allegations are general in nature. Mr. Tailor, has further submitted that applicant no. 2 who is mother-in-law is being

roped in prosecution for no just reason. In fact, she is innocent person, wrongly been arraigned in prosecution. Apart from that, the history which has

been given by the victim and the relatives, which was recorded in injury certificate on page 42, it has been stated that she on her own fell down from

first floor and that is the reason why there are chances of applicant no. 2 wrongly been arraigned in prosecution. Apart from that Mr. Tailor, learned

advocate has submitted that the victim has already now been discharged from the hospital and as such since about one month, applicant no. 2 is in jail.

She being a lady accused, her case may kindly be considered. Further, it has been pointed out that there is an unexplained delay in lodging the

complaint and, hence, requested to consider her case.

As against this, Mr. Mitesh Amin, learned Public Prosecutor for the respondent â€" State has submitted that looking to the assertion contained in

the FIR, there is an active role also played by applicant no. 2 and as such, no discretion be exercised in favour of applicant no. 2. Further, on the issue,

applicant no. 2 being a lady accused, Mr. Amin, learned Public Prosecutor has left it to the discretion of he Court.

Having heard the learned advocates appearing for the respective parties and having gone through the material on record, it appears that applicant

no. 2 is a lady accused, aged about more than 56 years and according to the learned advocate for the applicants, is not keeping good health. Hence,

considering she being lady accused, the Court is inclined to consider the request for her release on regular bail. So without much discussing the

evidence at length, the present application is allowed in so far as applicant no. 2 is concerned. Applicant no. 2 is ordered to be released on regular bail

in connection with FIR being C.R. No. 11191033201468 of 2020 registered with Meghaninagar Police Station on her executing 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 Sessions Judge concerned;

[e] mark presence before the concerned Police Station between 1st to 10th day of every English calendar month for a period of six 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 this Court;

The authorities will release applicant no. 2 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.

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

Rule is made absolute in so far as applicant no. 2 - Chandrikaben Pravinbhai Koitiya is concerned and Rule is discharged in-so-far as applicant no.

1 - Pravinbhai Shankarbhai Koitiya is concerned.

The Registry is directed to communicate this order by Email/ FAX to the concerned trial Court, forthwith.