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    9126 2023 8 4 45109 Order 17-Jul-2023

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    A PL
    The document describes a Supreme Court of India case where a woman named Mamta filed a petition for special leave to appeal regarding the dismissal of her application for anticipatory bail. The Court notes that the lower court order ignored relevant facts about Mamta having recently given birth. The Supreme Court allows Mamta's petition and directs her to be granted anticipatory bail subject to conditions like periodic reporting to police.

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    9126 2023 8 4 45109 Order 17-Jul-2023

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    A PL
    41 views2 pages
    The document describes a Supreme Court of India case where a woman named Mamta filed a petition for special leave to appeal regarding the dismissal of her application for anticipatory bail. The Court notes that the lower court order ignored relevant facts about Mamta having recently given birth. The Supreme Court allows Mamta's petition and directs her to be granted anticipatory bail subject to conditions like periodic reporting to police.

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    9126_2023_8_4_45109_Order_17-Jul-2023

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    The document describes a Supreme Court of India case where a woman named Mamta filed a petition for special leave to appeal regarding the dismissal of her application for anticipatory bail. The Court notes that the lower court order ignored relevant facts about Mamta having recently given birth. The Supreme Court allows Mamta's petition and directs her to be granted anticipatory bail subject to conditions like periodic reporting to police.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    41 views2 pages

    9126 2023 8 4 45109 Order 17-Jul-2023

    Uploaded by

    A PL
    The document describes a Supreme Court of India case where a woman named Mamta filed a petition for special leave to appeal regarding the dismissal of her application for anticipatory bail. The Court notes that the lower court order ignored relevant facts about Mamta having recently given birth. The Supreme Court allows Mamta's petition and directs her to be granted anticipatory bail subject to conditions like periodic reporting to police.

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    ITEM NO.4 COURT NO.

    8 SECTION II

    S U P R E M E C O U R T O F I N D I A
    RECORD OF PROCEEDINGS

    Petition(s) for Special Leave to Appeal (Crl.) No(s). 3967/2023

    (Arising out of impugned final judgment and order dated 02-11-2022


    in SBCRMBA No. 9337/2022 passed by the High Court Of Judicature For
    Rajasthan At Jaipur)

    MAMTA Petitioner(s)

    VERSUS

    THE STATE OF RAJASTHAN Respondent(s)

    (IA No.52264/2023-EXEMPTION FROM FILING O.T. )

    Date : 17-07-2023 This petition was called on for hearing today.

    CORAM :
    HON'BLE MR. JUSTICE S. RAVINDRA BHAT
    HON'BLE MR. JUSTICE ARAVIND KUMAR

    For Petitioner(s) Mr. Aditya Jain, AOR


    Ms. Bhavya Golecha, Adv.

    For Respondent(s) Dr. Manish Singhvi, Sr. Adv.


    Mr. Ashutosh Shekhar Paarcha, Adv.
    Mr. Milind Kumar, AOR

    UPON hearing the counsel the Court made the following


    O R D E R

    This Court has considered the application on record and heard

    learned counsel for the parties.

    The petitioner is accused of committing offences under Section

    420, 406 IPC in the First Information Report dated 08.04.2022.

    The application of anticipatory bail was dismissed by the

    impugned order. At the outset of the Court, this Court notices that

    though the order was lengthy, the learned judge has not applied his
    Signature Not Verified

    Digitally signed by
    Harshita Uppal
    Date: 2023.07.17

    mind to one crucial aspect which was highlighted during the hearing
    17:52:27 IST
    Reason:

    viz that the petitioner had delivered a child on 30.05.2022.

    1
    In terms of the requirements of Section 437 Cr. P.C., this

    aspect was of significance and had to be at least taken into

    consideration in the impuged order, even though what was claimed

    was pre arrest bail. This Court, therefore, disapproves the manner

    in which the impugned order ignores the relevant facts.

    It is alleged that the petitioner and her husband have been

    duping other innocent people who were victims of their schemes.

    According to the State, two other FIRs are pending. The record also

    indicates that the petitioner’s husband, the co-accused was

    enlarged on regular bail. The State alleges that thereafter he has

    absconded and steps have been taken to take him into custody.

    Having regard to the all circumstances, especially that the

    co-accused was granted anticipatory bail on merits, this Court is

    of the opinion that the petitioner deserves to be and is

    accordingly directed to be enlarged on anticipatory bail, subject

    to such terms and conditions as the trial court may impose. One of

    the conditions to be imposed would be her timely reporting on a

    periodic basis (not less than once a week) before the concerned

    Investigating Officer.

    The petitioner shall also report to the Investigating Officer

    on such other date or dates as he may choose to designate.

    The petition is allowed in the above terms.

    Pending applications, if any, are disposed of.

    (HARSHITA UPPAL) (BEENA JOLLY)


    SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)

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