1. These successive bail applications are filed under Section 439 of the Code of Criminal Procedure in connection with different C.R. Numbers/M. Case registered against the applicant in different police stations, the details of which are as under:
(1) Criminal Misc. Application No.5716 of 2012 C.R.
No.I-160 of 2005 registered with Vallabh Vidhya Nagar Police Station (2) Criminal Misc. Application No.5717 of 2012 C.R.
No.I-269 of 2005 registered with Anand Town Police Station (3) Criminal Misc. Application No.5718 of 2012 M.
Case No. 1 of 2006 registered with Anand Town Police Station (4) Criminal Misc. Application No.5719 of 2012 M.
Case No. 5 of 2006 registered with Anand Town Police Station (5) Criminal Misc. Application No.5720 of 2012 M.
Case No. 15 of 2006 registered with Anand Town Police Station (6) Criminal Misc. Application No.5721 of 2012 M Case No.16 of 206 registered with Anand Town Police Station (7) Criminal Misc. Application No.5722 of 2012 M Case No.02 of 2006 registered with Anand Town Police Station (8) Criminal Misc. Application No.5723 of 2012 M Case No.21 of 2006 registered with Anand Town Police Station (9) Criminal Misc. Application No.5724 of 2012 M Case No.22 of 2006 registered with Anand Town Police Station (10) Criminal Misc. Application No.5725 of 2012 M Case No.23 of 2006 registered with Anand Town Police Station (11) Criminal Misc. Application No.5726 of 2012 M Case No.24 of 2006 registered with Anand Town Police Station (12) Criminal Misc. Application No.5727 of 2012 M Case No.26 of 2006 registered with Anand Town Police Station (13) Criminal Misc. Application No.5728 of 2012 M Case No.28 of 2006 registered with Anand Town Police Station
2. Learned counsel appearing for the applicant submits that the applicant is a female accused and is in jail since 9.10.2006 for the offences punishable under Sections 406, 420, 467, 468, 470, 471, 114 and 120-B of the Indian Penal Code and the charge-sheet is filed and the case is committed to the competent Court but yet the trial has not progressed any further. Besides, in a case of co-accused while exercising powers under Sections 439 of the Code, the learned Judge in para 6 observed as under:
"6. Heard learned counsel for the respective parties and also perused papers produced before me. It appears from the papers that Harshadbhai, power of attorney holder, of the applicant has entered into transactions by creating Deed of Mortgage, but the said transactions are without applicant's knowledge. It also appears from the papers that when the applicant came to know about the act of Harshadbhai, the said power of attorney came to be cancelled by the applicant by issuing public notice and that is came to be cancelled even before filing of the complaint. It is true that so far as criminal conspiracy is concerned, there may not be direct evidence. Conspiracy can be hatched in dark also, but for criminal conspiracy, there must be agreement and meeting of mind between the parties. In this case, prosecution has failed to establish agreement or meeting of mind between the applicant and co-accused. I have also considered the submission of Mr.Lakhani, learned counsel for the applicant, that applicant is old aged person and is suffering from several diseases. The case is based on documentary evidence and all the documents are seized and collected by the investigating agency."
2.1. That, appreciation of evidence would be in realm of the documentary evidence and witnesses etc. to which, the applicant has no clout to influence them. With an undertaking to remain present during trial and abide all conditions that may be imposed, the case of the applicant may kindly be considered.
3. Heard learned APP for the respondent - State who opposed grant of bail looking to the nature and gravity of offence.
4. Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the above facts, nature of allegations, role attributed to the accused and punishment prescribed for the alleged offences, I am inclined to enlarge the applicant on bail.
5. Learned counsel for the parties do not press for further reasoned order.
6. In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be released on bail in connection with different C.R./M.Case Numbers mentioned as above registered at different police stations on executing bond of Rs.25,000/- each (Rupees Twenty Five Thousand each) with surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he 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 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 residence to the I.O. 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;
7. The Authorities will release the applicant only if not required in connection with any other offence for the time being.
8. 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.
9. Bail bond to be executed before the lower court having jurisdiction to try the case.
10. 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.
11. Rule is made absolute to the aforesaid extent. D.S. Permitted.
(ANANT S. DAVE, J.) //smita// Top