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CR.MA/1739/2010 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1739 of 2010
=========================================================
SABERABIBI
GYASUDDIN SHEIKH - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
AY KOGJE for
Applicant(s) : 1,
MR DC SEJPAL APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 02/03/2010
ORAL
ORDER
1. This application is
preferred under Section 438 of the Code of Criminal Procedure, 1973
seeking anticipatory bail by the applicant, who is apprehending her
arrest in connection with F.I.R. registered as C.R.No.II-4 of 2010
with Ankleshwar City Police Station, Bharuch for the offence
punishable under Sections 323, 504, 506(2) and 114 of the Indian
Penal Code.
2. Learned advocate
Mr.A.Y. Kogje for the applicant submitted that the applicant is an
innocent person and false case is foisted on her. Considering the
role attributed to the applicant which is reflected in the F.I.R. at
Annexure-A to the application, prayer for anticipatory bail, as set
out in the application, be granted in favour of
the applicant.
3. Learned A.P.P.
Mr.D.C. Sejpal, representing the
respondent-State, while opposing the bail application,
submitted that considering the role attributed to the applicant and
the manner in which prima facie case is made out against her, no
discretionary relief be granted to the applicant and the application
be dismissed.
4. I
have heard learned advocate Mr.A.Y. Kogje for the applicant and
learned A.P.P. Mr.D.C. Sejpal for the respondent-State at length and
in great detail. Considering the rival submissions, role attributed
to the applicant, provisions of Sections 323, 504, 506(2) and 114 of
the Indian Penal Code and police papers etc., I am of the view that
prayer for anticipatory bail, as set out in the application, is
required to be granted in favour of the applicant.
5. In the event of
arrest of the applicant in connection with F.I.R. bearing C.R.No.II-4
of 2010 registered with Ankleshwar City Police Station, Bharuch, 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] remain present at
the concerned Police Station on 09.03.2010 between 9.00 AM to 3.00
PM.
[c] 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;
6. 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.
7. This order will hold
good, if the applicant 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 applicant 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.
8. With these
directions, this application is allowed. Rule is made absolute.
Direct Service is permitted.
(H.B.ANTANI,
J.)
Hitesh
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