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CR.MA/1543/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1543 of 2010
=========================================================
MONIKABEN
AJITKUMAR SHAH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ARPIT A KAPADIA for
Applicant(s) : 1,
MS TK PATEL, ADDL.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 05/03/2010
ORAL
ORDER
This
is an application for anticipatory bail filed by the applicant under
Section 438 of the Code of Criminal Procedure who is apprehending her
arrest in connection with the FIR bearing CR No. I 66 of 2008
registered with Rakhiyal Police Station for the offence punishable
under Sections 465,467, 468, 471, 406, 420, 409, 114 of the Indian
Penal Code as well as under Sections 81, 86 and 93 of the Cooperative
Societies Act.
Mr.
Arpit Kapadia, learned advocate for the applicant submitted that the
applicant has not committed any offence as alleged in the FIR and she
has been falsely implicated in the alleged commission of offence. It
is submitted that the applicant had proceeded on maternity leave on
19.11.03, therefore, on the date of the alleged offence, she was not
in service. Considering the aforesaid aspect, the prayer as set out
in the application be granted.
Ms.
T.K. Patel, learned Additional Public Prosecutor representing the
State, while opposing the anticipatory bail submitted that
considering the role attributed to the applicant which is reflected
in the FIR at Annexure-A to the application and the manner in which
the offence is committed by the applicant, no discretionary relief be
granted to the applicant and the application deserves to be
rejected.
Having
considered the rival submissions and on perusal of the FIR at
Annexure-A to the application, role attributed to the applicant,
provisions of Sections 465,467, 468, 471, 406, 420, 409, 114 of the
Indian Penal Code as well as under Sections 81, 86 and 93 of the
Cooperative Societies Act, as well as the police papers which are
produced for my perusal, I am of the view that the applicant is prima
facie not involved in the alleged commission of offence. Considering
the aforesaid aspect, the prayer as set out in the application
deserves to be granted.
For
the foregoing reasons, the application is allowed.
In
the event of arrest of the application in connection with FIR
bearing CR No. I 66 of 2008 registered with Rakhiyal Police Station
for the offences punishable under Sections Sections 465,467, 468,
471, 406, 420, 409, 114 of the Indian Penal Code as well as under
Sections 81, 86 and 93 of the Cooperative Societies Act, she shall be
released on bail on executing a bond of Rs.10,000/- [Rupees ten
thousand only] with one surety of the like amount on the following
conditions that she shall:
[a] co-operate
with the investigation and make herself available for interrogation
whenever required.
[b] shall
remain present at the concerned Police Station on 11th
March, 2010 between 9.00 AM to 3.00 PM.
[c] shall
not hamper the investigation in any manner nor shall directly or
indirectly make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade them from
disclosing such facts to the Court or to any police officer;
[d] at
the time of execution of bond, furnish her residential address to the
investigating officer and the Court concerned and shall not change
the residence till the final disposal of the case or till further
orders;
[e] not
leave India without the permission of the Court and, if holding a
passport, she shall surrender the same before the Trial Court within
a week;
[f] not
obstruct or hamper the police investigation and not play mischief
with the evidence collected or yet to be collected by the police;
It
would be open to the Investigating Officer to file an application for
remand if he considers it proper and just; and the competent Court
would decide it on merits.
This
order will hold good, if the petitioner is arrested at any time
within 90 days from today. The order for release on bail will remain
operative only for a period of ten days from the date of her arrest.
Thereafter, it will be open to the petitioner to make a fresh
application for being enlarged on bail in usual course, which, when
it comes up before the competent Court, will be decided in accordance
with law, having regard to all the attending circumstances and the
materials available at the relevant time, without being influenced by
the fact that anticipatory bail was granted.
Rule
is made absolute. Direct Service is permitted.
[H.B.
Antani, J.]
pirzada/-
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