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CR.MA/7436/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7436 of 2010
=========================================================
NATUBHAI
MANIBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
YOGESH LAKHANI, LD. SR. COUNSEL APPEARING WITH MR PRAVIN GONDALIYA
for
Applicant(s) : 1,
MR HL JANI, LD. ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 19/07/2010
ORAL
ORDER
This
application is preferred under Section 439 of the Code of Criminal
Procedure for regular bail by the applicant, who has been arrested
in connection with M. Case No.04 of 2005 registered with Vidhyanagar
Police Station, for the offences punishable under Section 405, 406,
420, 120-B and 114 of the Indian Penal Code.
I
have heard Mr.Yogesh Lakhani, learned Senior Counsel appearing with
Mr.Pravin Gondaliya, learned counsel for the applicant and Mr.H.L.
Jani, learned Additional Public Prosecutor for respondent State at
length and in great detail.
Learned
Senior Counsel Mr.Lakhani appearing on behalf of the applicant
submitted that the applicant is aged about 81 years and suffering
from various chronic diseases. He also submitted that no amount in
the form of loan is due against the applicant as well as his family
members. He also contended that the there is no role attributed to
the applicant in the FIR. Therefore, the applicant may kindly be
enlarged on regular bail.
Mr.Jani
appearing on behalf of the respondent State submitted that the
conduct of the applicant is required to be considered and
prima-facie it appears that the applicant has not followed the
Bye-laws issued by the RBI. The applicant is involved in the serious
offence punishable under Sections 405, 406, 420, 120-B and 114 of
the Indian Penal Code and, therefore, considering the quantum of the
punishment, gravity of the offence etc., present application may not
be entertained and may be rejected.
I
have also considered the facts of the case and submissions made by
the counsels appearing for the parties. Considering the provisions
of aforesaid Sections, quantum of punishment, gravity of offence, I
am of the view that the applicant deserves to be enlarged on bail at
this stage without discussing the evidence in detail; however,
stringent terms and conditions are required to be imposed while
releasing the applicant on bail.
For
the foregoing reasons, the application is allowed and the applicant
is ordered to be enlarged on bail in connection with M. Case No.04
of 2005 registered with Vidhyanagar Police Station, on his executing
a bond of Rs.1,00,000/-[Rupees One Lac only] with one solvent surety
of the like amount to the satisfaction of the trial court and
subject to the conditions that he shall:
[a]
not take undue advantage of his liberty or abuse his liberty;
[b]
not act in a manner injurious to the interest of the prosecution;
[c]
surrender his passport, if any, to the lower court within a week;
[d]
not leave India without the prior permission of the Sessions
Court concerned;
[e]
mark his presence at the concerned Police Station on any day of
first week of every English calendar month between 9.00 AM and 2.00
PM. till the trial is over;
[f]
furnish the present address of his residence to the I.O. and also to
the Court at the time of execution of the bond and shall not change
his residence without prior permission of this Court;
[g]
maintain law and order.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or to take appropriate
action in the matter.
Bail
bond to be executed before the lower Court having jurisdiction to
try the case.
At
the trial, the trial Court shall not be influenced by the
observations of preliminary nature, qua the evidence at this stage,
made by this Court while enlarging the applicant on bail. Rule is
made absolute to the aforesaid extent.
Direct
Service is permitted.
(Z.
K. Saiyed, J)
Anup
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