Gujarat High Court Case Information System
Print
CR.MA/9945/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9945 of
2011
=========================================================
SARITA
@ PUJA W/O UDYA @ UDAYKUMAR PUNIYANI NAYDU & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
MEHUL M MEHTA for
Applicant(s) : 1 - 2.
MRS. MANISHA L. SHAH, ADDL. PUBLIC
PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 19/07/2011
ORAL
ORDER
RULE.
Learned APP 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.140/2011 with Sayajigunj Police Station, Vadodara City for
the offences punishable under Sections 392 and 114 of the Indian
Penal Code.
Learned
Counsel appearing for the applicants submits that the
applicants are female accused and on the basis of suspicion, as the
complainant was watching Gujarati T.V. News on a T.V. Channel, the
applicants were suspected of the offences alleged against them and
hence, by imposing suitable conditions and since the trial is likely
to take some time, the applicants may be enlarged on bail.
Heard
learned APP Mrs. Manisha L. Shah for the respondent-State.
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 applicants, by imposing
suitable conditions, I deem it just and proper to enlarge the
applicants on bail.
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 applicants are ordered to be released on bail in connection
with First Information Report registered as I-C.R. No.140/2011 with
Sayajigunj Police Station, Vadodara City, on executing a bond of
Rs.5,000/- (Rupees Five Thousand Only) each with one surety of the
like amount to the satisfaction of the Trial Court and subject to
the conditions that they 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 their passports, if any, to the lower court within a week;
d)
not leave the State of Gujarat 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 their 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 applicants 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 Sessions
Judge concerned will be free to issue warrant or 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 applicants on bail.
Rule
made absolute. Direct Service is permitted.
Sd/-
(Anant
S. Dave, J.)
Caroline
Top