Jubedabanu @ Munni Wd/o Firozbhai Rasulbhai Shaikh v. State of Gujarat
2016-09-01
P.P.BHATT
body2016
DigiLaw.ai
ORDER : P.P BHATT, J. The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR being C.R No. II-3108 of 2016 registered with Ramol Police Station, District: Ahmedabad for the offences punishable under Sections 8(c), 20(b) and 29 of the N.D.P.S Act, 1985. 2. Learned advocate for the applicant submits that the applicant is arrested in connection with the aforesaid offences. The allegation against the present applicant is that the applicant was found in possession of 12kg. of ganja. According to learned advocate for the applicant, the quantity of ganja seized from the applicant is below the commercial quantity, and therefore, the provision of section 37 of N.D.P.S Act will not be applicable. It is further submitted that the investigation is over, charge sheet is submitted, therefore, there is no possibility of tampering the evidence and the applicant is not having any criminal antecedents. The applicant is a lady accused having responsibility towards her family, and therefore, she is not likely to run away or abscond and her presence can be secured by imposing proper conditions. It is therefore submitted that considering the nature of allegations, and the role attributed to the applicant, she may be enlarged on regular bail by” imposing suitable conditions. 3. Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail. It is submitted that there is a prima facie case against the applicant in committing the offence, and therefore, looking to the nature and gravity of the offence, the applicant may not be enlarged on bail. 4. I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of the respective parties do not invite reasoned order. 5. Regard being had to the above submissions and considering the nature and gravity of accusation made against the applicant in the FIR and other charge sheet papers, and also considering the fact that the quantity seized from the applicant is below the commercial quantity and the applicant being a lady accused having responsibility towards her family, her presence can be secured at the time of trial by imposing suitable conditions, this Court is of the view that discretion is required to be exercised to enlarge the applicant on regular bail.
Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with the offence being C.R No. II-3108 of 2016registered with Ramol Police Station, District: Ahmedabad on executing a personal bond of Rs. 10,000/- (Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that the applicant 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 Gujar at 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 of residence to the 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 this Court; 6. 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 to be executed before the learned 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, learned 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. 7. Rule is made absolute to the aforesaid extent. Direct service is permitted.