Gujarat High Court Case Information System
Print
CR.MA/12754/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12754 of 2011
=========================================================
KUNDANBEN
D/O VALJIBHAI SAGPARIYA W/O VALLABHBHAI NASIT - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MRHARSHITSTOLIA
for
Applicant(s) : 1,
MR KL PANDYA, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 28/09/2011
ORAL
ORDER
1. This
Application is filed by the applicant under Section-438 Cr. P.C. in
connection with CR No. I-117 of
2011 registered with Kalavad Police Station, Jamnagar for the
offences punishable under Sections 463, 465, 467, 468, 464, 466, 474,
416, 417, 418, 419, 420 and 120-B of the
Indian Penal Code.
2. Learned
Advocate, appearing for the applicant has contended that this is a
case of documentary evidence. He has contended that FIR is filed
after period of one year. He has contended that the applicant is a
Government servant and the allegation against her is only to the
effect that after relying on the identification by the advocate and
relying on the true copy of election card of that dummy person
stating his name as of complainant, the applicant, being the
Registrar, registered the agreement to sell. He has contended that
the documents in question have not been utilized for any purpose.
Learned Advocate has contended that this court vide orders dated
22.9.2011 passed in Misc. Criminal Application No.12715 of 2011 and
vide order dated 23.9.2011 passed in Misc. Criminal Application 13451
of 2011 granted anticipatory bail to the co-accused. He has also
contended that, prima facie, the applicant have not played any role
in the offences alleged against him.
3. Heard
Mr. Pandya, learned APP for the respondent State. He has vehemently
opposed this application.
4. Heard
learned Counsel for the parties and perused the documents produced on
record in detail. Looking to the facts of the case, I am of the
opinion that, prima facie, this is a fit case to grant anticipatory
bail. Learned Counsel for the parties do not press for reasoned
order.
5. In
the result, this application is allowed by directing that in the
event of the applicant herein being arrested pursuant CR
No. I-117 of 2011, registered with Kalavad Police
Station, Jamnagar, he shall be released on Bail on furnishing a Bond
of Rs.10,000/- (Rupees ten thousand only) with one surety of like
amount on condition that –
a) she
shall co-operate with the investigation and make himself available
whenever required;
b) She
shall remain present before the Investigating Officer, Kalavad Police
Station, Jamnagar, on 30th September,
2011 at 11.00 a.m.
c) She
shall not hamper the investigation in any manner nor shall directly
or indirectly make any inducement, threat or promise to any witness
so as to dissuade them for disclosing such facts to the Court or to
any Police Officer;
d) At
the time of execution of Bond, she shall furnish his address to the
I.O. and the Court concerned and shall not change the residence till
the final disposal of the case or till further orders;
e) that
she will not leave India without the permission of the Court and, if
are holding Passport, surrender the same before the trial Court
immediately;
f) It
would be open to the Investigating Officer to file an application for
remand, if considers it just and proper and the concerned Magistrate
would decide it on merits;
g) this
order will be operative if the applicant is arrested at any time
within a period of 90 days;
h) within
a period of ten days from the date of arrest, the applicant shall
apply for regular bail which application shall be decided by the
competent Court in accordance with law without being influenced by
the fact that anticipatory bail was granted.
6. Learned
advocate for the applicant assured that applicant will appear before
concerned police station as per direction of this Court.
7. With
these directions, this Criminal Miscellaneous Application is disposed
of. Rule is made absolute. Direct service permitted.
(Z.K.SAIYED,
J.)
sas
Top