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CR.MA/6729/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6729 of 2011
=========================================================
SHARDABEN
JAWAHARBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
M/S
THAKKAR ASSOC. for
Applicant(s) : 1,
PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 12/05/2011
ORAL ORDER
Rule.
Learned APP, Mr. R.C. Kodekar, waives service of notice of rule on
behalf of State.
By
this application under Section 438 of the Code of Criminal
Procedure, the accused-applicant has prayed for anticipatory bail in
connection with CR No. I-27 of 2011 registered with Vadodara Taluka
Police Station for the offences punishable under Sections 465,
467, 468, 471 and 114 of Indian Penal Code.
I
have heard learned Sr. Advocate, Mr. P.M. Thakkar for the
accused-applicant and learned APP, Mr. R.C. Kodekar for the
respondent-State.
Having
regard to the rival contentions of the respective counsel and having
considered the case of the prosecution and the allegations against
the accused-applicant and as the parties have not pressed for
reasoned order, I am inclined to exercise my discretion in favour of
the accused-applicant considering the following aspects:
[a] Applicant-accused
is a lady aged about 62 years.
[b] All
offences are Magistrate triable.
[c] No
past history of criminal antecedents. FIR is filed after eight
years.
[d] Entire
dispute is of civil nature and civil suits are pending and no
allegations of forging any documents are made.
In
this view of the matter, accused-applicant is ordered to be enlarged
on anticipatory bail in the event of her arrest in connection with
CR No. I-27/2011 registered with Vadodara Taluka Police Station. She
shall be released on bail on furnishing a bond of Rs.15,000/-(Rupees
Fifteen Thousand Only) with one surety of like amount on following
conditions that she:
(A) shall
cooperate with the investigation and make herself available for
interrogation whenever required.
(B) shall
remain present before the IO at the concerned police station on 19th
May, 2011 between 9.00 a.m. to 2.00 p.m.
(C) shall
not hamper the investigation in any manner nor shall directly or
indirectly make any inducement, threat or promise to any witness so
as to dissuade them from disclosing such facts to the Court or to any
Police Officer;
(D) shall
at the time of execution of bond, furnish the 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) will
not leave India without the permission of the Court and if is holding
a passport, shall surrender the same before the trial Court within a
week;
(F) It
would be open to the Investigating Officer to file an application for
remand, if he considers it just and proper and the concerned
Magistrate would decide it on merits.
It
would be open for the Investigating Agency to apply to the competent
Magistrate, for police remand of the applicant. The applicant shall
remain present before the learned Magistrate on the first date of
hearing on such application and on all subsequent occasion, as may
be directed by the learned Magistrate. This would be sufficient to
treat the accused in the judicial custody for the purpose of
entertaining application of the prosecution for police remand. This
is, however, without prejudice to the right of the accused to seek
stay against an order of remand, if ultimately granted, and the
power of the learned Magistrate to consider such a request in
accordance with law. It is clarified that the applicant, even if is
remanded to the police custody upon completion of such period of
police remand, shall be set free immediately, subject to other
conditions of this anticipatory bail order.
With
these directions, application is allowed. Rule is made absolute.
Direct service is permitted
(J.B.PARDIWALA,
J.)
pirzada/-
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