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CR.MA/429/2010 1/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 429 of 2010
=========================================================
REENA
ASHISH SHAH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PS CHAMPANERI for
Applicant(s) : 1
MS ML SHAH APP for Respondent(s) :
1
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 20/01/2010
ORAL
ORDER
1. This
application is preferred under Section 438 of the Code of Criminal
Procedure, 1973 for transit anticipatory bail for the applicant in
connection with Criminal Complaint No.13259 of 2008 pending before
the learned Metropolitan Magistrate, Court No.33, Bellard Pier,
Mumbai.
2. Learned
advocate Mr.P.S. Champaneri for the applicant submitted that the
complainant filed a complaint under Section 138 of the Negotiable
Instrument Act in the Court of learned Metropolitan Magistrate,
Bellard Pier, Mumbai in December, 2008. The learned Magistrate was
pleased to issue summons to the applicant as the applicant could not
remain present in the Court. The learned Magistrate was also pleased
to issue bailable warrant whereby, the applicant was directed to
remain present on 17.06.2009. The applicant submitted application for
adjournment on 17.06.2009 before the learned Magistrate. However,
the said application was rejected by the learned Magistrate and
non-bailable warrant was issued against the present applicant, as she
could not remain present in person on 17.06.2009. It is submitted
that the applicant is a resident of Ahmedabad and, therefore, prayer
for transit anticipatory bail is made in the application. Thus, the
learned advocate submitted that in view of the fact and circumstances
narrated in the application, prayer for transit anticipatory bail be
granted to the applicant.
3. I have heard learned
advocate Mr.P.S. Champaneri for the applicant and learned A.P.P.
Ms.M.L. Shah for the respondent-State at length and in great detail.
4. In view of the
averments made in the application, I am of the view that the
application is required to be allowed and prayer for transit
anticipatory bail, as set out in the application, is required to be
granted. Hence, the following order:-
O
R D E R
The application is allowed. Transit anticipatory bail, as prayed for in the application, is granted to the applicant for a period upto 02.03.2010 from today in the event of her arrest in connection with Criminal Complaint No.13259 of 2008 on executing a bond of Rs.5,000/-(Rupees Five Thousand only) with one surety of the like amount before the concerned police officer. Meanwhile, the applicant is permitted to approach the appropriate authority and obtain necessary orders, if she so desires. During the period of transit anticipatory bail, she should abide by the terms and conditions that she shall,
(a) remain present before the court as and when directed on the dates fixed;
(b) make herself available for interrogation by a police officer, whenever and whereever required;
(c) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the court or to any police officer;
(d) not to obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;
(e) at the time of execution of bond, furnish the address to the Investigating Officer and the Court and shall not change her residence till the final disposal of the case or till further orders; It would be open to the Investigating Officer to file an application for remand if he considers it proper and just and the learned Magistrate would decide it on merits.
5. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(H.B.ANTANI,
J.)
Hitesh
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