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CR.MA/9029/2010 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9029 of 2010
=========================================================
PRADIP
SHUBHASHCHANDRA MEHTA - Applicant(s)
Versus
CENTRAL
BUREAU OF INVESTIGATION - BANKING & SECURITIES FRAUD & 2 -
Respondent(s)
=========================================================
Appearance :
MR
AJ YAGNIK for
Applicant(s) : 1,
MR YN RAVANI for Respondent(s) : 1,
RULE
SERVED for Respondent(s) : 2,
MR PRANAV G DESAI for Respondent(s)
: 2,
PUBLIC PROSECUTOR for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 09/09/2010
ORAL
ORDER
1. Present
application has been filed by the applicant for grant of regular bail
under Section 439 of Cr.P.C. after the charge-sheet is filed.
2. The
applicant accused is charged with having committed offences under
Sections 406, 420, 467, 468, 471 read with 120B of the Indian Penal
Code for which F.I.R. being CR No.I(E)/2010 has been registered
before the Central Bureau of Investigation BS&FC/MUM.
1. Heard
learned Senior Counsel Mr. Raju with Mr. A.J.Yagnik as well as
learned A.P.P. The present application has been focused only on the
medical ground for which the documents are produced on record.
However, in order to confirm, when the learned Counsel Mr. P.G.Desai
appearing for the bank has resisted along with the learned APP, the
report was called for from the Civil Hospital for which the order was
passed on 31.08.2010. The certificate which was produced by APP in
the morning today did not specifically state as to whether the
applicant is able to attend his daily routine or not and it has been
stated that ‘patient is walking without aids’. Since the issue is
with regard to the disability of the applicant to such an extent he
is not in a position to move or to do daily routine work alone and
therefore he should be released on bail, the learned A.P.P. was asked
to confirm and at 4:15 p.m. another certificate is produced which
states that looking to disability & muscle chart, he is not
able to perform his activity of daily living (ADL) . Leaving the
matter as it is which the Court has to note and it may also be
considered by the authorities concerned CBI. Both the certificates
are taken on record and in view of this opinion and considering the
second certificate also, on humanitarian ground, the present
application deserves to be allowed only on the medical grounds based
on this kind of certificate, subject to the following conditions.
2. Accordingly,
present application stands allowed. The applicant is ordered to be
released on regular bail in connection with the F.I.R. being CR
No.I(E)/2010 registered before the Central Bureau of Investigation
BS&FC/MUM, on his executing a bond of Rs.5,00,000/- (Rupees Five
Lac) with one solvent surety of the like amount to the satisfaction
of the lower Court and subject to the conditions that he shall:
(a) not
take undue advantage of his liberty or abuse his liberty.
(b) not
to try to tamper or pressurize the prosecution witnesses or
complainant in any manner.
(c) not
act in any manner injurious to the interest of the prosecution.
(d) maintain
law and order and should cooperate with the investigating officers.
(e) mark
his presence before concerned Police Station on 1st Monday
of every month of English calender between 11:00 AM to 2:00 PM till
the trial commences;
(f) furnish
the address of his residence to the Investigating Officer and also to
the Court at the time of execution of the bond and shall not change
his residence without prior permission of the Court.
(g) surrender
his passport, if any, to the lower Court, within a week.
(h) not
leave the India without the prior permission of this Court.
7. If
breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or take appropriate
action in the matter.
8. Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
9. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(RAJESH
H.SHUKLA, J.)
jani
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