STATE OF GUJARAT Vs. NITABEN ABHAYBHAI MEHTA

JUDGEMENT

(1.) . The petitioner-State has challenged in this Revision Application the order passed by the learned Magistrate, Rajkot on 25-11-1992 rejecting the application for remand of the respondents-accused. Few relevant facts :

(2.) . On the night of 22/23-5-1992 murder of very well-known Gynaecologist Dr. Madhuben of Rajkot was committed in the bed room of her own Housecum- Nursing Home at Revakunj, Bhaktinagar Society between 0-30 to 0-45 a.m. On that night at about 1-25 a.m. the Control Room received the telephonic message from some unknown person that the deceased Madhuben was assaulted by knife in her Nursing Home and, thereafter, it was disconnected. The Control Room informed "Chitta Gadi", i.e.. Police Jeep to go the place of the incident and immediately within three minutes, i.e., at 1-28 a.m. they reached the place of the incident. When the police reached the scene of offence the respondent No. 1-accused Nitaben, who is also a. Doctor and younger sister of the deceased Madhuben, and respondent No. 2-accused Mahendra Vora, who is the brotherin- law of the deceased Madhuben (husband of another younger sister of the deceased Madhuben), other staff of the Nursing Home, deceased Madhuben's neighbour Dilip Patel with his father and other persons were present there. Neither accused No. 1-Dr. Nitaben nor accused No. 2-Mahendra Vora was willing to lodge the F.I.R. (After about one and half hours of the arrival of police they made Aya-Shantaben to be the complainant and accordingly at 3-00 a.m. Shantaben lodged F. I. R.) ... ... ... ... ...

(3.) . On 12-6-1992 police requested the learned Magistrate to issue the arrest warrant against both the accused. On 15-6-1992 the learned Magistrate signed the arrest warrant, but the same could not be executed. On 17-6-1992 both the respondents-accused by separate applications applied for anticipatory bail under Sec. 438 Cr.P.C. before the Sessions Court, Rajkot. The Sessions Court rejected the applications for anticipatory bail on 23-6-1992. It is stated at the Bar that on 24-6-1992. both the respondents-accused preferred separate applications before this Court for anticipatory bail, wherein no interim order against their arrest was passed by this Court. This Court (Coram : S. D. Dave, J.) allowed both the applications with certain conditions by a speaking order on 10-7-1992, which is now reported in 1992 (2) GLR 1607 (Dr. (Mrs.) Nitaben A. Mehta v. State of Gujarat). Both the accused were granted anticipatory bail on certain conditions. Conditions Nos. 4 and 9 are as under (at page No. 1621 of GLR) :