KAILASH @ KAVITA ALPESHKUMAR RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973 ('the Code'), the applicant has prayed to release him on bail in case of her arrest in connection with the FIR being CR.No.I-17/2016 registered with Sabarmati Riverfront Police Station, Dist.- Ahmedabad for the offences punishable under Sections 302 of the Indian Penal Code.

(2.) Learned Advocate Mr. Dagli for the applicant submitted that from the allegations made in the F.I.R it could not be said that the applicant is in anyway involved in the commission of the offence under Section 302 of the Indian Penal Code. Mr. Dagli submitted that the son of the applicant was suffering from mental illness. He submitted that since the custodial interrogation of the applicant is not required at this stage, the Court may exercise discretion in favour of the applicant under Section 438 of the Code.

(3.) Learned APP Ms. Thakkar on the other hand submitted that from the allegations made in the F.I.R. and as per the investigation, it prima facie appears that the applicant is involved in the offence alleged in the F.I.R and since the matter is at the investigation stage, the Court may not exercise the discretion in favour of the applicant under section 438 of the Code.