Santokben Devbha Gadhvi vs State Of Gujarat
2023 Latest Caselaw 6420 Guj

                                                                                         NEUTRAL CITATION




     R/CR.A/521/2023                                     ORDER DATED: 02/09/2023

                                                                                         undefined




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CRIMINAL APPEAL NO. 521 of 2023

==========================================================
                          SANTOKBEN DEVBHA GADHVI
                                    Versus
                              STATE OF GUJARAT
==========================================================
Appearance:
MR. MAULIK M SONI(7249) for the Appellant(s) No. 1
MR HARDIK MEHTA, APP for the Opponent(s)/Respondent(s) No. 1
RULE SERVED for the Opponent(s)/Respondent(s) No. 2
==========================================================

 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                Date : 02/09/2023
                                 ORAL ORDER

1. Present appeal under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "Atrocity Act") challenging the judgment and order dated 13.02..2023 passed by the learned 2 nd Additional Sessions Judge, Bhachau at Kachchh in Criminal Misc. Application No.55 of 2023 whereby the learned Judge rejected the application filed by the present appellant under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail in connection with FIR being C.R. No.11993001220251 of 2022 registered with Samakhiyari Police Station, District Kachchh for the offences punishable under Sections 306 and 114 of the Indian Penal Code and Section 3(2)

(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

2. Heard the learned advocates for the respective parties.

NEUTRAL CITATION

R/CR.A/521/2023 ORDER DATED: 02/09/2023

undefined

Though the Rule is duly served, Respondent No.2 has chosen not to appear.

3. Learned advocate for the appellant has submitted that after filing of the charge-sheet, this is present appeal is filed first time and the present appellant is a lady accused. It is submitted that if the allegation, as alleged in the complaint, is accepted as it is, the present applicant is implicated solely on the basis of an alleged suicide note. However, in the suicide note, there are no allegations of instigation or claims that the deceased committed suicide due to any situation created by the applicant. It is submitted that the complaint is false and concocted, based on an afterthought, and is a misuse of the police machinery, as no any financial transaction took place between the deceased and the present applicant. It is submitted that he investigation is over and charge-sheet is submitted. Learned advocate for the appellant has submitted that the appellant is not involved in commission of offence as alleged in the FIR. That, as material witnesses are examined, there remains no apprehension of administering threat or there is no possibility of hampering with the evidence and therefore, looking to the role of the appellant and nature of the allegations, the appellant is required to be enlarged on regular bail by imposing suitable terms and conditions.

4. Per contra, learned APP has submitted that on the basis of the suicide note, the name of the present applicant has come out in the serious allegation that she was running a honey trap against the deceased, and had demanded Rs.10,00,000. Due to

NEUTRAL CITATION

R/CR.A/521/2023 ORDER DATED: 02/09/2023

undefined

the mental harassment caused by the accused, the deceased committed suicide. There is prima facie, evidence which directly links the applicant to the offence. Learned APP appearing for the respondent - State has vehemently opposed the present appeal and stated that the trial is at fag end and considering the criminal antecedents of the appellant, present appeal is required to be dismissed.

5. I have given thoughtful consideration to the arguments canvassed by learned advocates for both the sides. Having considered the status of trial of the special case, severity of punishment and as material witnesses have been examined and now, there is no possibility of witnesses being tampered or hampered as also considering the fact that the investigation is over and charge-sheet is filed. From the charge-sheet papers, it appears that there was a relationship between the deceased and the present applicant, and due to this, the incident took place. At the stage of deciding the bail application, a detailed discussion of the evidence is not permissible. However, there is nothing required to be recovered or discovered from the possession of the applicant. As the applicant is a female accused, keeping her behind bars would serve no fruitful purpose.

6. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in [2012]1 SCC 40 . The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless

NEUTRAL CITATION

R/CR.A/521/2023 ORDER DATED: 02/09/2023

undefined

it is required to ensure that an accused person will stand his trial when called upon.

7. Hence, the present appeal is allowed. The appellant is ordered to be released on regular bail in connection with FIR being C.R. No.11993001220251 of 2022 registered with Samakhiyari Police Station, District Kachchh on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) each with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that the appellant 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 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;

[h] shall not take undue advantage of liberty for prolonging the trial by taking unnecessary adjournment;

[i] shall not enter into the territorial limits of Village Adhai;

NEUTRAL CITATION

R/CR.A/521/2023 ORDER DATED: 02/09/2023

undefined

8. The authorities shall release the appellant only if the appellant is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Special 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 Special Court to delete, modify and/or relax any of the above conditions, in accordance with law.

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

10. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(HASMUKH D. SUTHAR, J.)

Ali