LAWS(GJH)-2013-8-37

RADHABEN MOHANLAL THAKKAR Vs. STATE OF GUJARAT

Decided On August 29, 2013
Radhaben Mohanlal Thakkar Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) HEARD learned Advocate Mr. Nikhil S Kariel, for the applicants and Mr.R.C.Kodekar, learned APP for the respondent ­ State.

(2.) RULE . Mr.R.C.Kodekar, learned APP waives service of notice of Rule on behalf of respondent State.

(3.) HAVING heard the learned advocate for the parties and considering the allegations levelled against the women accused which are of general nature, marriage span of 12 years, the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, at this stage, I am inclined to grant anticipatory bail to the applicants. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Siddharam Satlingappa Mhetre vs. State of Maharashtra and Ors. as reported at [2011] 1 SCC 6941, wherein the Hon'ble Apex Court reiterated the law laid down by the Constitution Bench in the case of Shri Gurubaksh Singh Sibbia & Ors., as reported at (1980) 2 SCC 665.