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TMI Blog2011 (5) TMI 1119X X X X Extracts X X X X X X X X Extracts X X X X ..... n Penal Code. 2. Learned Senior Counsel Mr. S.V. Raju appearing for the Applicant submitted that the present application is a successive bail application and charge sheet is filed on 7.1.2010. He submitted that the main accused Pratik has been granted regular bail, for which, he referred to the order passed in Criminal Misc. Application No. 3267 of 2010 at page 56. He submitted that the another accused Anindo Achinto Benerji has also been released as per order passed in Criminal Misc. Application No. 2267 of 2010. Learned Counsel Mr. Raju submitted that as now the charge is filed and when the other main accused have been released and also when the applicant is a female, the present application may be allowed. He submitted that the applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arashtra and others, reported in (2011) 1 SCC 694 . Learned Senior Counsel Mr. Raju submitted about the change of circumstances that when the main other co-accused have been released and when the charge sheet is filed, the present application may be allowed. 6. Again, he referred to and relied upon the judgment of the Hon'ble Apex Court in case of S.K. Alagh (supra) and submitted that the concept of vicarious liability of the Director has been considered and the applicant who was merely a Director or an employee, cannot be held responsible. He submitted that the offence under Sections 467, 468 and 471 cannot be attracted as there is 'no entrustment' of the property, and therefore, as observed in the case of Central Bur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... suggest that the applicant has participated in the business as well as in the offence. He therefore submitted that the present application may not be entertained considering her own antecedents. 9. In view of the rival submissions, it is required to be considered whether the present application can be entertained or not. 10.Admittedly, the present application is a successive bail application filed after Criminal Misc. Application No. 9596 of 2009. It is required to be mentioned that while passing the order in Criminal Misc. Application No. 9596 of 2009, a detailed order has been passed, wherein, it has been specifically observed: 9. Moreover, the affidavit is filed by the I.O. in detail while opposing Criminal Misc. Application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would remain present whereas on the other hand, she does not remain present even for the purpose of interrogation as stated by learned APP. Infact as stated at the bar by learned APP that proceedings under Section 70 of the Criminal Procedure Code have been initiated and warrant has also been issued. Further, he has stated that the proceedings under Section 82 has also been initiated regarding proclamation. 13. However, when the matter was adjourned to ascertain with regard to sec. 82 proceedings, learned APP Mr. Jani has placed on record the order passed by the learned Chief Judicial Magistrate, Ahmedabad, permitting proclamation as provided in the order dated 27.10.2010. However, as could be seen, thereafter, though efforts were made, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gistered with CID Crime, Gandhinagar Zone Police Station, in respect of the offence alleged against her on her executing a personal bond of ₹ 1,00,000/- (Rupees One lakh only) with one solvent surety for the like amount and on further conditions that she shall : (a) remain present before the trial court regularly as and when directed on the dates fixed; (b) remain present at the concerned Police Station on 20.5.2011 between 11.00 am and 2.00 pm. (c) not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the ase so as to dissuade him from disclosing such facts to the court or to any police officer; (d) not to obstruct or hamper the police investigation and not to play mi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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