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CR.MA/12646/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12646 of 2011
======================================
MOIYUDIN
SUBEDABEGUM @ MS. AJIMUNNISA WD/O T.M SUNDARAM - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance
:
MR
SAMIR AFZAL KHAN for Applicant(s) : 1,
MR MAULIK NANAVATI
ADDITIONAL PUBLIC PROSECUTOR for Respondent(s) :
1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 08/09/2011
ORAL
ORDER
RULE.
Learned APP Mr. Maulik Nanavati waives service of notice of Rule for
the respondent – State.
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with First Information Report registered as
I – C.R. No.212 of 2011 with Sardarnagar Police Station, Ahmedabad
for the offences punishable under Sections 406, 420, 467, 468, 471,
120(B) and 114 of the Indian Penal Code and under Section 12(A) of
the Passport Act.
Learned
Counsel appearing for the applicant submits that the applicant is an
innocent person and he has been wrongly arraigned in the case of the
prosecution. There are no allegations that present applicant has
created any forged documents or any kind of other travelling
documents. The applicant is resident of village Gandur of District
Tiruchirappalli of Tamilnadu and she has never visited Gujarat
State. The applicant is widow and he has to look after her two
minor kids and the entire responsibility of the family is her.
Hence, by imposing suitable conditions, the applicant may be
enlarged on bail.
Heard
learned APP Mr. Nanavati for the respondent-State. He also
submitted that the applicant is involved in serious offence and
therefore, considering the seriousness of the offence, quantum of
punishment, the applicant may not be released on bail.
Having
heard learned Counsels for the parties and perusing the record of
the case and taking into consideration the facts of the case, nature
of allegations, role attributed to the applicant, by imposing
suitable conditions, I deem it just and proper to enlarge the
applicant on bail. I have also perused the order of this Court
passed in Criminal Misc. Application No.12231 of 2011 dated
30.8.2011.
Learned
Counsels for 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 released on bail in connection
with First Information Report registered as I-C.R. No.212/2011 with
Sardarnagar 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 liberty or misuse 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 till the charge-sheet is filed
without prior permission of the Sessions Judge concerned;
e)
mark presence at the concerned Police Station on the first Sunday of
every month between 10.00 a.m. and 3.00 p.m. for three months only;
f)
furnish the present address of her residence to the Investigating
Officer 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 not required in
connection with any other offence for the time being.
If
breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or take appropriate
action in the matter.
Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
Rule
is made absolute. Direct service is permitted.
(Z.K.SAIYED,J.)
ynvyas
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