Gujarat High CourtNeetuben vs State on 7 April, 2010Author:H.B.AntaniBench:H.B.AntaniGujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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CR.MA/2667/2010	 2/ 4	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

CRIMINAL
MISC.APPLICATION No. 2667 of 2010
 

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NEETUBEN
ASHOKBHAI JADEJA - Applicant(s)
 

Versus
 

STATE
OF GUJARAT - Respondent(s)
 

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Appearance
: 
S
V RAJUASSOCIATES for
Applicant(s) : 1, 
PUBLIC PROSECUTOR for Respondent(s) :
1, 
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CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE H.B.ANTANI
		
	

 

 
 


 

Date
: 07/04/2010 

 

 
 
ORAL
ORDER1. This application is
preferred underSection 439of the Code of Criminal Procedure, 1973
seeking regular bail in connection with FIR registered as
C.R.No.I-116 of 2009 with Sarkhej Police Station, Ahmedabad for the
offence punishable underSections 406,420,120Band114of the
Indian Penal Code read withSections 3and5of the Prize chits &
Money Circulation Schemes (Banning) Act, 1978 andSection 3of the
Benami Transactions (Prohibition) Act, 1988.2. Learned senior
advocate Mr.S.V. Raju for M/s.S.V. Raju Associates for the applicant
submitted that the applicant is innocent person and false case is
foisted on her. The learned advocate submitted that all the
applicants are female members, and therefore, considering earlier
orders passed by this Court (Coram: R.H. Shukla, J.) in Criminal
Misc. Application Nos.11132 of 2009 and 11134 of 2009 on 05.10.2009,
even on the ground of parity, the applicant deserve to be enlarged on
bail. The learned advocate further submitted that applicant No.6 has
already been enlarged on temporary bail by this Court vide order
dated 03.12.2009 and therefore, she may not be taken into custody and
she may be directed to give fresh bond.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 on perusal of the F.I.R. at Annexure A to the
application, the present application does not call for any
interference and the same is required to be dismissed.4. Heard learned senior
advocate Mr.S.V. Raju for M/s.S.V. Raju Associates for the applicants
and learned A.P.P. Mr.D.C.Sejpal for the respondent-State at length
and in great detail. On perusal of the averments made in the
application, F.I.R. at Annexure A to the application and orders dated
05.10.2009 passed by this Court (Coram:R.H. Shukla, J.) in Criminal
Misc. Application Nos.11132 of 2009 and 11134 of 2009, I am of the
view that the applicant deserve to be enlarged on bail without
discussing the evidence in detail.5. In the facts and
circumstances of the case, the application is allowed and the
applicant is ordered to be enlarged on bail in connection with
C.R.No.I-116 of 2009 registered at Sarkhej Police Station, Ahmedabad
on executing a bond of Rs.10,000/- [Rupees ten thousand only] with
one surety of the like amount to the satisfaction of the Trial Court
and subject to the conditions that she shall:[a] not take undue
advantage of her liberty or abuse his liberty;[b] not act in a manner
injurious to the interest of the prosecution;[c] surrender her
passport, if any, to the lower Court within a week;[d] not leave the State
of Gujarat without prior permission of the Sessions court concerned;[e] furnish the present
address of her residence to the I.O. and also to the Court at the
time of execution of the bond and shall not change their residence
without prior permission of the Court;[f] maintain law and
order.6. 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.7. Bail bond to be
executed before the lower Court having jurisdiction to try the case.8. 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 applicant on bail.9. As applicant No.6 has
already been enlarged on temporary bail by this Court vide order
dated 03.12.2009, she shall not be taken into custody and directed to
give fresh bond.10.
Rule is made absolute to the
aforesaid extent. Direct Service is permitted.(H.B.ANTANI,
J.)
 

 


 

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