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CR.MA/5702/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5702 of 2010
=========================================================
ROSHANBEN
W/O IBRAHIMBHAI & 1 - Applicants
Versus
STATE
OF GUJARAT - Respondent
=========================================================
Appearance
:
MR
HARSHITS TOLIA for
Applicants.
MRS ML SHAH, ADDL. PUBLIC PROSECUTOR for
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
Date
: 09/06/2010
ORAL
ORDER
Rule.
Learned Additional Public Prosecutor, Mrs M.L.Shah, waives service on
behalf of the State.
2. Considering
the involvement indicated in the F.I.R, learned advocate for the
applicants does not press this application qua applicant No.1. The
application qua applicant No.1 stands disposed of as not pressed.
3. Following
aspects are considered, so far as applicant No.2 is concerned:-
(1) She
is a lady.
(2) She
is a victim of 50% mental retardation.
(3) No
role is attributed to her in the FIR.
4. Considering
the above aspects, the application qua applicant No.2 deserves to be
allowed.
5. The
application is partly allowed. In the event of arrest of the
applicant No.2 in connection with C.R.No. I-150/2010 of
Pradyumannagar Police Station, Rajkot, she shall be released on bail
in respect of the offences alleged against her in the FIR, on her
executing a bound of Rs. 5000/- (Rupees five thousand only) with one
surety of the like amount, by the concerned Police Officer, and on
conditions that she shall,
(a) not
take undue advantage of her liberty or abuse her liberty;
(b) remain
present before the Trial Court as and when directed on the dates
fixed;
(c) make
herself available for interrogation by a police officer, whenever and
wherever required;
(d) not
directly or indirectly make any inducement, threat or promise to any
person acquainted with the facts of the case, so as to dissuade him
from disclosing such facts to the Court or to any Police Officer;
(e) not
obstruct or hamper the police investigation or temper with the
evidence or influence the witnesses;
(f) at
the time of execution of bond, furnish her address to the
Investigating Officer and to the Court concerned and shall not
change her residence till the final disposal of the case or till
further orders;
(g) not
leave India without the prior permission of the Court; and
(h) deposit
Passport, if any, with the Trial Court, within a week.
4. It
would be open for the Investigating Officer to file a application for
remand, if he considers it proper and just, and the learned
Magistrate would decide it on merits.
5. This
order will hold good, if the applicant is arrested at any time within
90 days from today. The order for release on bail will remain
operative only for a period of ten days from the date of her arrest.
Thereafter, it will be open for the applicant to make a fresh
application for being enlarged on bail, in usual course, and when it
comes before the competent Court, it will be disposed of in
accordance with law, having regard to all the attending circumstances
and the materials available at the relevant time, uninfluenced by the
fact that Anticipatory Bail was granted.
6. Rule
is made absolute to the above extent.
7. Direct
Service is permitted.
[A.L.Dave,J.]
(patel)
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