'Too Harsh For Her 2-Months Old Infant': Gujarat High Court Grants Bail To 70-Yrs-Old Woman Accused Of Fraud
The Gujarat High Court has recently granted bail to a 70 years old woman, having a two month old infant, for commission of offences u/s 406, 420, 114, 467, 471 and 120-B of IPC and Sections 66(C), 66(D) of the Information Technology Act and Sections 14, 14(A)(b) of the Foreigners Act. The primary allegations against the Applicant as per the FIR and the charge sheet was that she...
The Gujarat High Court has recently granted bail to a 70 years old woman, having a two month old infant, for commission of offences u/s 406, 420, 114, 467, 471 and 120-B of IPC and Sections 66(C), 66(D) of the Information Technology Act and Sections 14, 14(A)(b) of the Foreigners Act.
The primary allegations against the Applicant as per the FIR and the charge sheet was that she had introduced herself as a Customs Officer and had asked the Complainant to deposit INR 3.87 lacs in the bank account of another person, so as to aid the main accused. Thereafter, the Applicant had withdrawn the said amount and handed it over to the main accused. In lieu, she received INR 50,000. The APP opposed grant of bail basis the gravity of the offence.
While determining grant of bail, the High Court noted that the Accused-woman was in jail since March 2022 and the investigation was now over with the chargesheet being filed. Consequently, no further recovery/ discovery was to be made from the Applicant and no further custodial interrogation was required.
Additionally, her role which emerged from the story was not that of a main accused. There was no material to establish, except for the INR 3.87 lac transaction, that the Applicant had committed the entire fraud of INR 65 lacs on the Complainant.
Justice Niral Mehta opined further that it would be 'too harsh' for the infant child if the mother were to remain in jail:
"Considering the limited role of the present applicant and more particularly keeping in mind that the applicant is a lady having infant child of 2 months and at present, she is on temporary bail and the period of temporary bail is going to be over today… normally this Court would not entertain the regular bail while the applicant is on temporary bail and not within the custody, however, considering the peculiar fact that the applicant, who is a lady, is carrying two months infant child with her, it would be too harsh for the child and the mother in such situation to surrender with the jail authority concerned when this Court is inclined to grant bail."
Reiterating the impact of mother's detention on the two-month old infant, the High Court directed the release of the Applicant on a bond of INR 10,000. It was also directed that the Applicant (currently on temporary bail) should timely surrender to the jail authority in order for regular bail to be effected.
Case No.: R/CR.MA/13013/2022
Case Title: DOLLY SURENDRA PANDEY Versus STATE OF GUJARAT
Citation: 2022 LiveLaw (Guj) 366
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