ASHABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application under Sec. 439(1) of the Code of Criminal Procedure, 1973 is filed by the applicant/original accused No.15 as shown in the charge-sheet in connection with C.R. No.I-161 of 2009 of Kagdapith Police Station and for which Sessions Case No.32 of 2010 for the offence punishable under Sections 302, 307, 328, 272, 273, 201, 109, 114 and 120B of the Indian Penal Code and under Sec. 65(a)(b)(c)(d)(e), 66(1)(b), 67(1)(a), 68, 72, 75, 81 and 83 of the Bombay Prohibition Act, 1949 after completion of investigation and filing of charge-sheet.

(2.) The applicant a female accused aged around 45 years is in Central Prison, Sabarmati, Ahmedabad, pursuant to her arrest since 29th t July, 2009.

(3.) In the above backdrop of allegations, learned advocate for the applicant submits that the applicant a female accused aged around 45 years is entitled to benefit of first proviso to Clause (i) (ii) of sub-section (1) of Sec. 437 of the Code and further the allegations against the applicant are of purchasing and selling spurious liquor to which she had no knowledge about poisonous chemical viz. 'Methanol' added by the manufacturer and she cannot be charged under Sec. 302 of the Code along with other sections. It is submitted that at present even as per the prosecution the involvement of the applicant in the above crime surfaces on the record on the basis of a few statements of the persons who were hospitalized pursuant to consumption of such liquor and now though the trial has commenced but looking to the voluminous record it may prolong and is not likely to be completed in near future, hence, the applicant may be enlarged on bail.