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CR.MA/4850/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4850 of 2010
======================================
MANBAI
W/O RASIKLAL AATMARAM RATHOD - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance :
SVRAJUASSOCIATES
for Applicant(s) : 1,
MR DG VYAS APP for Respondent(s) :
1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 12/05/2010
ORAL ORDER
Rule.
Mr.D.G.Vyas, learned Additional Public Prosecutor for respondent
State waives service of notice of Rule on behalf of respondent
State. Having regard to the facts and circumstances of the case, the
present application is taken up for final hearing today.
This
is an application preferred under section 439 of Code of Criminal
Procedure, 1973 by the applicant who has been arrested in connection
with First Information Report being I-C.R.No.100 of 2009 registered
with Sarkhej Police Station, Ahmedabad for the offences punishable
under sections 406, 420, 120(B) and 114 of Indian Penal Code read
with sections 3 and 5 of the Prize Chits & Money Circulation
Schemes (Banning) Act, 1978 and section 3 of the Benami Transactions
(Prohibition) Acts, 1988.
Heard
learned counsel of both the sides at length and in great detail and
considered the role attributed to the applicant as reflected in
First Information Report and the police papers. I have also
considered provisions of sections 406, 420, 120(B) and 114 of Indian
Penal Code read with sections 3 and 5 of the Prize Chits & Money
Circulation Schemes (Banning) Act, 1978 and section 3 of the Benami
Transactions (Prohibition) Acts, 1988, quantum of punishment,
gravity of offence, manner in which applicant is involved in the
offence, as well as the orders passed by this Court dated 04.03.2010
in Criminal Miscellaneous Application No.14618 of 2009, dated
08.12.2009 in Criminal Miscellaneous Application No.12952 of 2009
and dated 08.12.2009 in Criminal Miscellaneous Application No.12964
of 2009 as well as the orders passed by coordinate bench of this
Court (Coram:Rajesh H. Shukla, J.) dated 05.10.2009 in Criminal
Miscellaneous Application No.11132 of 2009 and dated 05.10.2009 in
Criminal Miscellaneous Application No.11134 of 2009. Considering the
aforesaid aspects, I am of the view that applicant deserves to be
enlarged on bail.
For
the foregoing reasons, the application is allowed and the applicant
is ordered to be enlarged on regular bail in connection with
I-C.R.No.100 of 2009 registered with Sarkhej Police Station,
Ahmedabad on 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 petitioner on bail.
Rule
is made absolute to the aforesaid extent. Direct Service is
permitted.
(H.B.ANTANI,
J.)
Amit/-
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