1. This application has been preferred under Section 439 of the Code of Criminal Procedure, in connection with the offence being CR No. I-89 of 2011 registered with Sayajiganj Police Station, Vadodara, for the offence u/s. 406, 420 and 114 of the Indian Penal Code.
2. Learned advocate Mr. Satta appearing on behalf of the applicant submitted that the applicant is an innocent person and she has been wrongly implicated in the offence. He further submitted that the applicant is suffering from hyper tension and depression and other several diseases. He also submitted that the applicant is in jail since long and for which, he relied upon the decision in the case of Dipak Shubhashchandra Mehta Vs. C.B.I. and Anr. reported in 2012 CRI. L.J. 1664 and submitted that the Hon'ble Supreme Court in the case cited, considered the jail period of the accused and granted bail. He also submitted that the applicant has filed one complaint against her own agent and as per his say, in that case, he has no knowledge as to whether the charge-sheet is filed or not. He further submitted that the applicant being a lady, may kindly be granted bail considering the facts and circumstances of the case, by imposing suitable conditions.
3. Learned APP Mr. Jirga Jhaveri for the State submitted that earlier the applicant preferred bail applications, which were withdrawn and this is third bail application preferred by the applicant. She further submitted that the applicant is involved in a serious offence and therefore, considering the seriousness of the offence, the applicant is not required to be enlarged on bail.
4. Perused the papers and considered the submissions made by the learned advocates for the parties. It appears that this application is a successive bail application, earlier, the applicant preferred application being Criminal Misc. Application No.12085 of 2011, which was withdrawn on 8.9.2011, thereafter, he preferred Criminal Misc. Application No.17669 of 2011 and same was also withdrawn on 9.1.2012. This is a third application of the applicant for getting regular bail. From the complaint, it appears that the applicant and other persons had opened a scheme and made few members out of that scheme and cheated the people and thereby, extorted money from the innocent people. As per the applicant, he is suffering from the diseases like diabetes, hyper tension, depression etc. but now a days, so many people are suffering from such diseases and in the jail, the medical treatment is provided and therefore, this is not a ground to come out from the bail on bail for better medical treatment. Looking to the complaint, it appears that the applicant cheated so many people under the guise of running society and extorted huge amount from the innocent people with a view to live luxurious life. I have also perused the case referred by the learned advocate, but the facts of that case, are not applicable to the facts of the present case. Considering the seriousness of the offence and no new ground is stated in this application for consideration of the bail application of the applicant.
5. In view of the above observation, the application is dismissed. Rule is discharged.
(Z.K.SAIYED,J.) ynvyas Top