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CR.MA/10289/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10289 of 2008
=========================================================
PRITIBEN
WIFE OF KETANBHAI SHAH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
ASHISH M DAGLI for
Applicant(s) : 1,
MR RC KODEKAR APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 12/09/2008
ORAL
ORDER
Rule. Mr.R.C.Kodekar, learned
Addl. Public Prosecutor for the State waives the service.
Heard learned Advocate Mr.Ashish Dagli, for the applicant and
Mr.R.C. Kodekar, learned Addl. Public Prosecutor for the respondent
? State.
Present application is filed by the applicant ? original accused ?
Pritiben wife of Ketanbhai Shah for releasing her on bail in
connection with the complaint being CR No.I-155 of 2007
registered with Wadhwan Police Station for the offences
punishable under secs.406, 409, 420 of Indian Penal Code.
Mr.Dagli, learned advocate appearing on behalf of the applicant has
vehemently submitted that investigation is already concluded and
chargesheet is filed and there is no possibility of tampering with
the evidence and/or witnesses. It is further submitted that the
applicant is a lady who is in jail since 29/1/2008. He has also
further submitted that the applicant has two minor children and both
children are school going. He has also further submitted that the
husband of the applicant is also in jail and there is nobody to
look-after those two minor children. It is also further submitted
that as such the first complaint was filed being CR No.I-7 of 2007
and the statement of the complainant was recorded on 26/2/2008 and
in the said statement, the name of the applicant was not figured and
subsequently after a period of about eight months, the applicant
sought to be implicated and shown as accused No.2. Submitting
accordingly, it is requested to release the applicant on bail.
Mr.Dagli, learned advocate appearing on behalf of the applicant,
under the instructions of his client and her husband, has submitted
that if the applicant is released on bail, her husband shall not
claim any parity on the ground that as the present applicant is
released, he be also released on bail on the ground of parity. He
has also further submitted that even otherwise, the case of the
applicant cannot be compared with her husband, as the applicant is a
lady.
Mr.Kodekar, learned Additional Public Prosecutor while opposing
the present application has submitted that the applicant and her who
were agent in the Post Office has misappropriated a huge amount of
various depositors and even the applicant was also with her husband
at the relevant time and hence the applicant cannot be released on
bail. It is also further submitted that even the agency was also in
the name of the applicant and therefore, the applicant may not be
released on bail.
Having heard the learned advocate appearing on behalf of the
respective parties and considering the facts and circumstances of
the case, more particularly the fact that the applicant is lady, she
has two minor children, her husband is in jail and there is nobody
to look after two minor children, and also considering the
statement made by the learned advocate of the applicant under the
instructions of applicant and her husband, that the husband of the
applicant shall not claim parity, the case of the applicant is
required to be considered positively.
In view of the above and considering the submissions made on behalf
of the parties and having regard to the circumstances and facts of
the case, the application is allowed and the applicant is ordered to
be released on bail in connection with Crime Register I-155 of
2007 registered with Wadhwan Police Station on her
executing a bond of Rs.5,000/- (Rupees Five Thousand only) with one
surety of the like amount to the satisfaction of the lower 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) maintain law and order;
(d) not lave the State of Gujarat without the prior permission of the
Sessions Court concerned;
(e) furnish the address of her residence at the time of execution of
the bond and shall not change the residence without prior permission
of this Court;
(f) surrender her passport, if any, to the lower Court within a week.
9. 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.
10. Bail before the lower Court having jurisdiction to try the case.
11. Rule is made absolute. Direct Service is permitted.
(M.R. SHAH, .J.)
rafik
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