NEELA J SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner Mrs. Neela J. Shah, apprehending her arrest in C. R. No. 69 of 1997 in C. B. C.I.D., Mumbai, in State of Maharashtra for offences under S. 406, 409, 465, 467, 468, 471, 477(A), 370 and 34 of I.P.C., has approached this Court seeking direction under S.438 of Criminal Procedure Code to direct the Senior Police Inspector, C. B. C.I.D. to enlarge her on bail in event of arrest.

(2.) The say of the petitioner is that a complaint has been filed on 11-11-1997 by one Suhas Shridhar Patha, Chairman and Managing Director of M/s. Ornate Group of Companies, alleging that the husband of the accused in connivance with her, has misappropriated and diverted large amount belonging to the Company. Some more allegations with respect to the misappropriation of huge amount has been made therein. The petitioner's husband was arrested by the Sr. Police Inspector, C.B. C.I.D. and has been remanded to the police custody. She is in Ahmedabad for attending some religious ceremony at her mother's place. She apprehends that she may also be arrested at Ahmedabad.

(3.) Before entering into the merits of the case, the short question arises for consideration is :