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CR.MA/7686/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7686 of 2010
=========================================================
MANBAI
W/O RASIKLAL AATMARAM RATHOD
Versus
STATE
OF GUJARAT
=========================================================
Appearance
:
MR
SV RAJU FOR SVRAJU ASSOCIATES
for
Applicant
MR UA TRIVEDI ADDL. PUBLIC PROSECUTOR for
Respondent
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 26/07/2010
ORAL
ORDER
This
application is filed under section 439 of the Code of Criminal
Procedure by the applicant who has been arrested in connection with
C.R. No. I 199 of 2009 filed before Sarkhej Police Station,
Ahmedabad for the offence punishable under sections 406 420 and 120-B
of the Indian Penal Code and Section 3 of the Benami Transactions
(Prohibition) Act.
Mr.S. V.
Raju, learned senior advocate for the applicant submitted that the
applicant is an innocent person and a false case is foisted on her.
He submitted that the name of the applicant is wrongly mentioned in
the FIR and wrongly implicated in the offence punishable under
sections 406, 420 and 120-B of the Indian Penal Code and section 3 of
the Benami Transactions (Prohibition) Act . He submitted that
considering the role attributed to the applicant and reflected in the
FIR at Annexure ‘A’ to the application, this is a fit case to enlarge
the applicant on regular bail.
As against
the aforesaid, learned APP Mr.U. A. Trivedi submitted that
considering the role played by the applicant, no discretionary relief
can be granted to the applicant, and the application deserves to be
dismissed.
Having
heard the rival submissions of learned advocates. I have also perused
the papers produced on record as well as the order dated 13.05.2010
passed by this Court [Coram: A. L. Dave,J. ] in Criminal Misc.
Application No.4839 of 2010 whereby the main accused was released on
bail and having considered the role attributed to the applicant and
reflected in the FIR at Annexure A, the quantum of punishment etc.
and the main accused and other co-accused are released by this Court,
I am of the view that the applicant is required to be enlarged on
regular bail at this stage on stringent conditions, without entering
into the merits of the case and without discussing the evidence in
detail.
The
parties do not press for further reasoned order.
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 199 of 2009 filed before Sarkhej Police Station,
Ahmedabad, on her 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 the 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 this Court;
[f]. maintain
law and order.
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.
Bail bond
to be executed before the lower Court having jurisdiction to try the
case.
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.
Rule is
made absolute to the aforesaid extent. Direct Service is
permitted.
(Z.K.SAIYED,
J.)
(vijay)
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