Gujarat High Court
Sushilaben @ Susiben W/O Merubhai ... vs State Of Gujarat on 7 February, 2025
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.MA/2015/2025 ORDER DATED: 07/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR SUCCESSIVE REGULAR BAIL -
AFTER CHARGESHEET) NO. 2015 of 2025
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SUSHILABEN @ SUSIBEN W/O MERUBHAI MORLIDAS RATHOD D/O
BATUKBHAI JESANGBHAI CHAUHAN
Versus
STATE OF GUJARAT
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Appearance:
DENISH V MAVADHIYA(9207) for the Applicant(s) No. 1
MS ASMITA PATEL APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 07/02/2025
ORAL ORDER
1. The present application has been filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for regular bail in connection with FIR being C.R. No.11203003220010 of 2022 registered with Bhavnath Police Station, Junagadh for offences punishable under sections 489A, 489B, 489C, 489D, 120B and 201 of Indian Penal Code, 1860.
2. The report of the 4th Additional District Judge, Junagadh is on record, which shows that three witnesses have been examined while 38 witnesses are cited in the charge-sheet.
3. Learned APP Ms. Asmita Patel relying on the report of the Police Inspector, Bhavnath Police Station, Junagadh, has submitted that the present applicant is main culprit and the accused were connected to each other and the laptop and pendrive were found in the house of the present applicant. It Page 1 of 4 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 03:00:51 IST 2025 NEUTRAL CITATION R/CR.MA/2015/2025 ORDER DATED: 07/02/2025 undefined is submitted that there are evidence on record that the applicant was also involved in printing counterfeit notes and stated that it is offence against the State. She has further stated that earlier too, her bail application came to be rejected.
4. Countering the arguments, learned advocate Mr. Denish V.Mavadhiya appearing for the applicant has submitted that the present applicant is in jail since 03.03.2022 and has a family responsibility. Further stated that there is no direct evidence against her of her involvement while the other co- accused have been released on bail, who were the paying guest and who were using the laptop and the printers, while the present applicant actually had no knowledge of the fact. It is stated that it is not a case of any murder or rape, where the discretion should not be applied. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.
5. Heard learned advocates on both the sides and perused the material on record. In the case of X. Vs. State of Rajasthan & Anr. Decided on 27.11.2024 in Special Leave Petition (Criminal) No.13378 of 2024, the Hon'ble Supreme Court has cautioned observing that, ordinarily in serious offences like rape, murder, dacoity, etc., once the trial commences and the prosecution starts examining its witnesses, the Court be it the Trial Court or the High Court should be loath in entertaining the bail application of the accused.
Page 2 of 4 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 03:00:51 IST 2025NEUTRAL CITATION R/CR.MA/2015/2025 ORDER DATED: 07/02/2025 undefined
6. The present case is of processing counterfeit notes by the help of xerox machines. As per the report of the police, the laptop and pendrive of accused - Bhikubhai and Pujaben have been sent to F.S.L., Gandhinagar for examination. Those have been released on bail. The order of 4 th Additional Sessions Judge, Junagadh dated 01.01.2025 in Criminal Misc. Application No.852 of 2024 shows that the trial is delayed, as the muddamal was not available.
7. Considering the aforesaid facts as well as the fact that the applicant is a lady and the trial will be prolonged for no fault of the applicant, this Court finds this to be a fit case where discretion could be exercised in favour of the applicant.
8. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R. No.11203003220010 of 2022 registered with Bhavnath Police Station, Junagadh on executing a personal bond of Rs.15,000/- (Rupees Fifteen 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 liberty or misuse liberty; [b] not act in a manner injurious to the interest of the prosecution;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave India without prior permission of the concerned trial court;
[e] furnish the present address of residence to the Page 3 of 4 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 03:00:51 IST 2025 NEUTRAL CITATION R/CR.MA/2015/2025 ORDER DATED: 07/02/2025 undefined 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 the concerned trial court;
9. 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.
10. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.
(GITA GOPI,J) Pankaj /5 Page 4 of 4 Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Fri Feb 07 2025 Downloaded on : Sat Feb 08 03:00:51 IST 2025