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2007 Supreme(Guj) 382

M.R.SHAH
SANTOKBEN SHARMANBHAI JADEJA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: MITESH R.AMIN, N.D.NANAVATI, R.C.KODEKAR

M. R. SHAH, J.

( 1 ) RULE. Shri RC Kodekar. learned APP waives service of Rule on behalf of the respondent. By way of this petition under articles 226/227 of the Constitution of India read with Section 482 of the Criminal procedure Code, 1973 the petitioner original-accused No. 1 has prayed for an appropriate order quashing and setting aside the order dated 13th June 2007 passed by the learned JMFC, II Court, Junagadh below application, Mark-17 preferred by the petitioner for releasing her on bail by which the learned JMFC has passed an order of deferring the hearing of bail application till narco Test is performed on the petitioner as per its order dared 13. 6. 2007.

( 2 ) A criminal complaint being C. R. No. I-168/2007 is filed against the petitioner and 3 unknown persons on 8. 6. 2007 at Junagadh b Division Police Station for the offences punishable under Sections 212, 506 (2) and 114 of the Indian Penal Code. It is required to be noted that, so far as State of Gujarat is concerned the offence punishable under section 506 (2) is non-bailable and triable by Magistrate. In the complaint it is alleged that one FIR being C. R. No. I-69 of 2007 is given by Jyotiben Dilipbhai Pipariya





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