Gujarat High Court
Zarinaben Ahemadsha Diwan vs State Of Gujarat on 4 July, 2018
Author: P.P.Bhatt
Bench: P.P.Bhatt
R/CR.MA/10907/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 10907 of 2018
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ZARINABEN AHEMADSHA DIWAN
Versus
STATE OF GUJARAT
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Appearance:
C J GOGDA(7488) for the PETITIONER(s) No. 1
VIKAS V NAIR(7444) for the PETITIONER(s) No. 1
MS JIRGA JHAVERI APP(2) for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE P.P.BHATT
Date : 04/07/2018
ORAL ORDER
1. This bail application has been filed by the applicant under Section 439 of the Code of Criminal Procedure for regular bail in connection with FIR registered at C.R. No. I - 198 of 2017 with Umara Police Station, Surat, for the offences punishable under Sections 406, 420, 465, 467, 468, 471 and 411 of the Indian Penal Code.
2. Heard the learned advocate for the applicant and the learned Additional Public Prosecutor for the respondent - State.
3. The learned advocate for the applicant submits that as per the allegation levelled against the applicant in the FIR is that the applicant by submitting forged documents, procured loan from the bank. The applicant is an innocent lady, however, she has been falsely implicated in the offence. In this matter, charge-sheet is filed and therefore, there is no possibility to tamper with the evidence. The applicant being Page 1 of 4 R/CR.MA/10907/2018 ORDER lady aged about 40 years. The applicant is in jail since 16.12.2017.
4. Learned advocate for the applicant submits that the applicant has roots in Surat District and is also having responsibility towards his family and is not likely to run away and her presence can be secured during trial by imposing the suitable conditions.
5. The learned Additional Public Prosecutor opposes the grant of bail looking to the nature and gravity of offences. It is submitted that from the charge-sheet papers, there appears to be strong prima facie case against the applicant in committing the alleged offence and accordingly, it is requested that the applicant may not be enlarged on bail.
6. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.
7. I have heard learned advocates appearing for the parties and perused the papers on record.
8. Regard being had to the above submissions, in the facts and circumstances of the case and considering the nature and gravity of accusation made against the applicant in the First Information Report and other papers placed on record, this Court is of the opinion that discretion is required to be exercised in favour of the applicant for grant of bail. Moreover, the applicant assures that she will abide by the terms and conditions that may be imposed by the Court and shall not commit any breach. Hence, the application is allowed and the applicant is ordered to be released on regular bail in Page 2 of 4 R/CR.MA/10907/2018 ORDER connection with the above-referred FIR on executing personal 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 liberty or misuse liberty;
[b] not act in a manner injuries to the interest of the prosecution and shall cooperate in trial;
[c] surrender passport/s, 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 before the concerned police station on every Monday of each English calendar month for a period of three months and thereafter, alternate Monday for a period of six months, between 11:00 a.m. and 2:00 p.m.;
(f) furnish latest and permanent address/es of residence/es to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence/es without prior permission of this Court and shall also remain present as and when required by the Court.
9. The authorities will release the applicant only if she is 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 is to be executed before the lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. At the trial, the trial Court shall not be influenced by the Page 3 of 4 R/CR.MA/10907/2018 ORDER observations of preliminary nature qua the evidence at this stage, made by this Court while enlarging the applicant on bail.
10. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(P.P.BHATT, J) Y.N. VYAS Page 4 of 4