1. This application is preferred under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail in connection with FIR registered as C.R. No. I - 208 of 2009 with Sarkhej Police Station, Ahmedabad for the offence punishable under Sections 420, 406 and 120B of the Indian Penal Code read with Sections 3 and 5 of the Prize Chits & Money Circulation Schemes (Banning) Act, 1978 and Section 3 of the Benami Transactions (Prohibition) Act, 1988.
2. Having heard the rival submission of learned advocates appearing in the matter, and having perused the averments made in the application, F.I.R. at Annexure A to the application and order dated 05.10.2009 passed by a co-ordinate Bench of this Court (Coram: R.H. Shukla, J.) in Criminal Misc. Application No.11132 of 2009 and order dated 08.12.2009 passed by this Court in Cr. M.A. No. 12952 of 2009, releasing accused involved in similar offence, I am of the view that the applicant deserves 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 - 208 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 her 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 her 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. Rule is made absolute to the aforesaid extent. Direct Service is permitted.
[H.B.ANTANI, J.] mathew Top