Allowed

Ashaben Hirenbhai Dhabba v. State of Gujarat

Gujarat HC23 Sept 2021CR.MA/8041/2021

Case brief

AI extract

What is this about?

The High Court of Gujarat allowed applications for regular bail filed by two applicants charged under various IPC sections and the GPID Act. The court ordered their release on a bond of Rs. 10,000 with one surety, subject to specific conditions regarding movement, investigation attendance, and residence.

What did the court decide?

Applications allowed; applicants released on bail on bond of Rs. 10,000 each with one surety, subject to specific conditions.

Ashaben Hirenbhai Dhabba Vs State of Gujarat — Bail and Remand | Gujarat HC (2021)

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R/CR.MA/8041/2021 ORDER DATED: 23/09/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 8041 of 2021

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With R/CRIMINAL MISC.APPLICATION NO. 10126 of 2021 With R/CRIMINAL MISC.APPLICATION NO. 10271 of 2021

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==========================================================

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ASHABEN HIRENBHAI DHABBA

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Versus STATE OF GUJARAT

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========================================================== Appearance:

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MR KANDRAP H DHOLKIA(3704) for the Applicant(s) No. 1 MR PB JANI(1633) for the Applicant(s) No. 1

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MS MOXA THAKKAR, ADDL. PUBLIC PROSECUTOR(2) for the Respondent(s) No. 1

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==========================================================

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CORAM: HONOURABLE MR. JUSTICE S.H.VORA

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Date : 23/09/2021

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ORAL ORDER

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Heard learned advocates for the applicants and learned APP, for the respondent-State.

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The applications are filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No. 11202009210083/2021 with Jamnagar City "B" Division Police Station for the offences punishable under Sections 406, 420, 120(B), 114 of the IPC and u/s 3,4,5 of the GPID Act.

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Heard and examined the papers placed for consideration in support of the submission made at bar.

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Upon hearing submission, following picture emerges on

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Page 1 of 3

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R/CR.MA/8041/2021 ORDER DATED: 23/09/2021

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record :-

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(i) Charge sheet is filed. No any past antecedent is registered against the applicants. (ii) The entire incriminating material is in the custody of the investigating agency and therefore, there is no likelihood or possibility to tamper with the same.

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(iii) The role attributed to the applicants are such that certain amounts were transferred to the accounts of the present applicants and further they were present at various meetings held to attract the investors to invest money in Om trading. The applicants are behind bar since March, 2021.

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(iv) The applicants have deep root in the society, no apprehension as to flee away or escape trial or tempering with the evidence /witnesses is expressed. (v) In view of above position emerging at the end of hearing, the application deserves consideration, but by imposing suitable condition to be observed by the applicants, pending investigation and trial.

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Hence, the applications are allowed and the applicants are ordered to be released on bail in connection with C.R. No. 11202009210083/2021 with Jamnagar City "B" Division Police Station, on executing a bond of Rs.10,000/-(Rupees Ten Thousand only) each with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that the applicants shall;

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[a] not take undue advantage of liberty or misuse liberty;

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[b] not act in a manner injurious to the interest of

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Page 2 of 3

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R/CR.MA/8041/2021 ORDER DATED: 23/09/2021

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the prosecution;

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[c] not leave the territory of India without prior permission of the Sessions Judge concerned;

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[d] appear before the Investigation Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly.

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[e] furnish the present address of residence along with the proof to the I.O. concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Sessions Court concerned;

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The competent authority will release the applicants only if the applicants are 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 take appropriate action in the matter. Bail bond 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 observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicants on bail.

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Rule made absolute to the aforesaid extent. Direct service is permitted.

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(S.H.VORA, J)

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SHEKHAR P. BARVE

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Page 3 of 3

Ashaben Hirenbhai Dhabba v. State of Gujarat

Case brief

What is this about?

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Ashaben Hirenbhai Dhabba v. State of Gujarat

Case brief

What is this about?

What did the court decide?

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