The Gujarat High court recently comprising of a bench of Rajendra Sareen while granting bail to Rohingya woman accused for forging identity cards observed that the applicant is in jail since 21.07.2020 with three children and the Investigation is over and charge sheet is filed and no allegation of forgery of any document is made against the applicant. (Rubina @ Rubi Anwarhusen Sunni (Muslim) Versus State Of Gujarat)
Facts of the case
The present application was filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with an FIR registered with Police Station, for the offences under Sections 465, 467, 471, 114 of the Indian Penal Code, sections 3 and 6 of Passport Act and sections 13, 14A(a), 14A(b) of Foreigners Act.
Contention of the Parties
Learned advocate for the applicant submitted that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.
Learned Additional Public Prosecutor appearing on behalf of the respondent-State opposed the grant of regular bail looking to the nature and gravity of the offence.
Courts Observation & Judgment
The court referred to the law laid down by the Apex Court in the case of Sanjay Chandra versus Central Bureau Investigation, reported in (2012) 1 SCC 40.
The bench noted, “This Court has considering the following aspects:
(i) The applicant is in jail since 21.07.2020 with three children.
(ii) Investigation is over and charge sheet is filed.
(iii) No allegation of forgery of any document is made against the applicant.
(iv) the applicant is local resident and would not flee away.”
The bench enlarging the applicant on bail remarked, “In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR, I am of the opinion that discretion is required to be exercised in favour of the applicant and enlarge the applicant on regular bail.”
Accordingly, she was directed to be released on a personal bond of INR 25,000 with local surety with the following conditions:
- She should not take undue advantage of liberty or misuse it
- Should not act in a manner injurious to the interest of the Prosecution
- Should surrender passport
- Should not leave India without prior permission of Sessions Judge
- Should furnish latest and permanent address of residence and mobile number to the IO.
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