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CR.MA/4619/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4619 of 2010
=========================================================
NEETUBEN
ASHOKBHAI JADEJA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
SV RAJU FOR M/S. SV RAJU ASSOCIATES for Applicant.
MR DEVANG VYAS,
ADDL. PUBLIC PROSECUTOR for
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 10/05/2010
ORAL
ORDER
1. This
application is preferred under Section 439 of the Code of Criminal
Procedure, 1973 seeking regular bail in connection with FIR
registered as C.R. No. I – 208 of 2009 with Sarkhej Police Station,
Ahmedabad for the offence punishable under Sections 420, 406 and 120B
of the Indian Penal Code read with Sections 3 and 5 of the Prize
Chits & Money Circulation Schemes (Banning) Act, 1978 and Section
3 of the Benami Transactions (Prohibition) Act, 1988.
2. Having
heard the rival submission of learned advocates appearing in the
matter, and having perused the averments made in the application,
F.I.R. at Annexure A to the application and order dated 05.10.2009
passed by a co-ordinate Bench of this Court (Coram: R.H. Shukla, J.)
in Criminal Misc. Application No.11132 of 2009 and order dated
08.12.2009 passed by this Court in Cr. M.A. No. 12952 of 2009,
releasing accused involved in similar offence, I am of the view that
the applicant deserves to be enlarged on bail without discussing the
evidence in detail.
5. In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be enlarged on bail in connection
with C.R. No. I – 208 of 2009 registered at Sarkhej Police Station,
Ahmedabad on executing a bond of Rs.10,000/- [Rupees ten thousand
only] with one surety of the like amount to the satisfaction of the
trial Court and subject to the conditions that she shall:
[a] not
take undue advantage of her liberty or abuse her liberty;
[b] not
act in a manner injurious to the interest of the prosecution;
[c] surrender
her passport, if any, to the lower Court within a week;
[d] not
leave the State of Gujarat without prior permission of the Sessions
court concerned;
[e] furnish
the present address of her residence to the I.O. 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] maintain
law and order.
6. If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or to take appropriate
action in the matter.
7. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
8. At
the trial, the Trial Court shall not be influenced by the
observations of preliminary nature, qua the evidence at this stage,
made by this Court while enlarging the applicant on bail.
9. Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
[H.B.ANTANI,
J.]
mathew
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