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CR.MA/9284/2010 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9284 of 2010
=========================================================
JAYABEN
SHAMBHUBHAI THAKKER - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
YOGESH LAKHANI FOR M/S S G ASSOCIATES
for
Applicant(s) : 1,
MR HL JANI ADDITIONAL PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 25/08/2010
ORAL
ORDER
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with first information report registered at
M Case No.18 of 2007 with Vidhyanagar Town
Police Station for the offences punishable under Sections
406, 420, 467, 468, 120-B and 114 of the Indian Penal Code.
Mr.Yogesh
Lakhani learned senior counsel appearing for the applicant submits
that the applicant is an innocent lady and falsely implicated in the
alleged offence on the fact that she was partner of the co-accused.
The complaint is filed after a period of five years, which itself
reflects the intention of the complainant and it is filed only with
a view to harass the applicant. He further submitted that there is
no direct evidence against the applicant. Even from the papers, it
is not reflected that the applicant has played any role in the
alleged offence and it appears clearly from the papers of the
charge-sheet that the co-accused has mortgaged the property in
different bank by relying upon the power of attorney. The applicant
has not entered into any transaction with any bank and she had only
given power to the co-accused. He further submitted that the
investigation is over and charge-sheet is filed. Even there is no
any role of the applicant in the commission of the offence, however,
she is languished in the jail since last seven months and she is
aged 66 years, suffering from very ailments related to the age. The
applicant has been released by this Court in the identical FIRs.
Considering the above aspects of the matter, the applicant may be
enlarged on bail.
Mr.
Jani, learned APP for the respondent State submits that the
applicant is involved in the serious offence punishable under
Sections 406, 420, 467, 468, 120-B and 114 of the Indian
Penal Code and therefore, considering the nature of the offence,
manner in which the offence is committed by the applicant, quantum
of punishment, the applicant may not be enlarged on bail.
Learned
counsel for the parties do not press for further reasoned order.
Having
heard learned counsel for the parties and perusing the record of the
case and taking into consideration the facts that (i) the applicant
had given power of attorney to other accused, therefore, she is
arrested (2) no incriminating article recovered or discovered from
the applicant; (3) the applicant was enlarged on bail by this Court
vide order dated 13.8.2007 passed in Criminal Misc. Application
No.5000 of 2007 and in similar type of other cases; (4) no
allegation is levelled against the applicant of misusing her liberty
granted by the court while she was on bail in other cases; (5) the
applicant is aged about 66 years in custody since 5 months and she
is suffering from various ailments; (6) no active role and no overt
act is attributed to the applicant in the alleged offence deserves
benefit of proviso (i) of Sub-section (1) of Section 437 of Criminal
Procedure Code being a lady; (7) the applicant is also supposed to
take care of her family members, who are residing in Anand.
Considering the above aspects of the matter, I am inclined to
enlarge the applicant on bail.
In
the facts and circumstances of the case, the application is partly
allowed and the applicant is ordered to be released on bail in
connection with first information report registered at M Case No.18
of 2007 with Vidhyanagar Police Station 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;
not
take undue advantage of her liberty or misuse her liberty;
not
act in a manner injurious to the interest of the prosecution;
surrender
her passport, if any, to the lower court within a week;
not
leave the State of Gujarat without prior permission of the Sessions
Judge concerned;
shall
cooperate with bank authorities and if need be with Investigating
Agency.
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 the
residence without prior permission of this Court;
The
Authorities will release the applicant only if she is not required
in connection with any other offence for the time being.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or 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. D.S. Permitted.
(Z.K.SAIYED,
J.)
ynvyas
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