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SMT.RATNI v STATE - CRLMB Case No. 4054 of 2007 [2007] RD-RJ 4160 (23 August 2007)


(Smt. Ratni Vs. State of Rajasthan)

DATE OF ORDER : 23/08/2007


Mr. Deepak Menaria for the petitioner.

Mr. Ashok Upadhayay, Public Prosecutor for State.

Heard learned counsel for the petitioner and Public

Prosecutor for the State. Perused the order impugned.

The allegation of signing the cheque is against husband of the petitioner. It is contended by learned counsel for the petitioner that the petitioner has been implicated only because of her being the wife of main accused Ambalal who alleged to have signed the cheque.

Looking to the facts and circumstances of the case and from the order impugned it appears that the cheque by which the offence of cheating has been committed has been signed by

Ambalal, having considered the oral arguments advanced by both the parties, I consider it just and proper to allow the bail application filed by the petitioner under Section 438 Cr.P.C.

Accordingly, the bail application filed by the petitioner u/s 438 Cr.P.C. is allowed and it is directed that in the event of arrest of petitioner Smt. Ratni W/o Amba Lal in FIR No. 44/2007,

P.S. Mavali, district Udaipur, she shall be released on bail for a period till the police concludes the investigation and files the challan provided she furnishes a personal bond in the sum of

Rs.10,000/- alongwith one surety of like amount to the satisfaction of Investigating Officer to surrender and appear before the trial court on the date of filing of the challan after conclusion of the investigation on the following conditions:-

(i)That she shall make herself available for interrogation by a police officer as and when required;

(ii)That she shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer and;

(iii)That she shall not leave India without the previous permission of the Court.

The petitioner shall surrender before the trial court on the date of filing of the challan and move a regular bail.

(H.R.PANWAR), J. rp


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