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CR.MA/13767/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13767 of 2010
=========================================================
RANJANBEN
JAYANTILAL ANKHAJA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PRATIK Y JASANI for
Applicant(s) : 1,
MS ML SHAH, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 25/11/2010
ORAL
ORDER
1. Rule.
Learned APP Ms. ML Shah waives service of rule on behalf of
respondent – State.
2. Present
application has been filed by the applicant for grant of regular bail
under Section 439 of Code of Criminal Procedure, 1973 after the
charge-sheet is filed.
3. The
applicant accused is charged with having committed offence under
Sections 192, 196, 198, 464, 468, 470 and 471 of I.P.Code for which
FIR being C.R.NO. I-425 of 2009 has been registered with Sector –
7 Police Station, Gandhinagar.
4. The
applicant accused had also filed Criminal Misc. Application No. 11995
of 2010 which was withdrawn with a liberty to file fresh application
after filing of the charge-sheet and therefore present application
has been filed.
5. Learned
Advocate Mr. Jasani submitted that the applicant is a female and as
now the charge-sheet has been filed, considering the nature of
offence and role, present application may be allowed.
6. Learned
APP Ms. ML Shah has resisted the application.
7. In
view of the rival submissions, it is required to be considered
whether the present application can be entertained or not.
8. It
is well accepted that the Court is not required to appreciate and
scrutinize the evidence in detail at this stage. However, considering
the prima facie case, relevant aspects like, nature of offence, role
attributed, etc., are required to be considered. In the facts of the
present case, considering the fact that the charge-sheet is filed and
case is based on the documentary evidence, without any further
elaboration as regard the prima facie involvement, the present
application is allowed only on the ground that the applicant is a
female.
9. Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with FIR
being C.R.NO. I-425 of 2009
registered with Sector – 7 Police Station, Gandhinagar
on her executing a bond of Rs.5,000/- (Rupees Five Thousand Only)
with one solvent surety of the like amount to the satisfaction of
the lower Court and subject to the conditions that she shall:
(a) not
take undue advantage of her liberty or abuse her liberty.
(b) not
to try to tamper or pressurize the prosecution witnesses or
complainant in any manner.
(c) not
act in any manner injurious to the interest of the prosecution.
(d) maintain
law and order and should cooperate the investigating officers.
(e) furnish
the address of her residence to the Investigating Officer and also to
the Court at the time of execution of the bond and shall not change
her residence without prior permission of the Court.
(f) surrender
her passport, if any, to the lower Court, within a week.
10. If
breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or take appropriate
action in the matter.
11. Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
12. Rule
is made absolute to the aforesaid extent. Direct service permitted.
(RAJESH
H.SHUKLA, J.)
jani
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