K CHANDRASHEEKHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Misc. Application No.1873/02 is filed by petitioner-accused Sushilaben Prabhudas Tanna, aged 57 years, who is accused for the serious offences under Sections 304-B, 498-A and 306 r/s. 34 of IPC and Section 4 Prevention of Dowry Act registered as CR No. I 430/01 with Jamnagar City, B-Division Police Station. Her son Kamlesh, who is husband of deceased-Sandhya, mother of two minor children Yash and Riddhi, aged 1 and 3 respectively, for the aforesaid offences.

(2.) In the instant case, accused Sushilaben filed anticipatory bail application being Criminal Misc. Application No.468/01, which was rejected on 19.9.2001 by the learned Additional Sessions Judge, Shri V.B.Mayani, by a reasoned order running into 9 typed pages by holding that there is a strong prima facie case against the accused-Sushilaben and though she is a lady she cannot be released on bail and even though she had two grandchildren aged 1 and 3 respectively and there was no one to look after them, if she is denied bail.

(3.) Thereafter, accused-Sushilaben, surrendered before the police and submitted Criminal Misc. Application No.478/01 for releasing her on bail for the aforesaid offences. Surprisingly, within 9 days thereof i.e. on 28.9.2001, the same learned Judge Shri V.B.Mayani, giving totally different reasons released the accused on bail by observing that when her earlier bail application was rejected she was in jail but now her minor children were with her in jail, therefore, though there is a strong prima facie case against her she has to be released on bail. That order of releasing the accused-Sushilaben was challenged by the State of Gujarat in Criminal Misc. Application No.9023/01, which has been allowed by this court on 11.3.2002 and the impugned judgment and order passed by the learned Additional Sessions Judge releasing the accused-Sushilaben was set aside and she was ordered to be taken into custody forthwith. Accordingly, she was re-arrested by the police and thereafter she is in jail.