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CR.MA/10432/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10432 of 2010
=========================================================
INDRAVADANBHAI
POPATLAL DOSHI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
PM THAKKAR, SR. ADVOCATE WITH MR MANAV A MEHTA for Applicant.
MR
KP RAVAL, ADDL. PUBLIC PROSECUTOR for
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 08/10/2010
ORAL
ORDER
This
is an application under Sec.439 of the Code of Criminal Procedure,
1973 by the applicant who came to be arrested in connection with CR
No. I-60 of 2009 registered with Chuda police station,
District-Surendranagar for the offence punishable under Sections 409,
465, 467, 468, 471 and 114 of Indian Penal Code.
Mr.
P.M. Thakkar, learned senior counsel at the outset submitted that the
total amount involved in the present case is approximately Rs.
6,03,264/- and a co-accused has been released by this Court by order
dated 12.03.2010 passed in Criminal Misc. Application No. 1777 of
2010 on condition of depositing Rs.3.00 lacs [Rupees Three Lacs]
before the trial court. He further submitted that the applicant is
ready and willing to deposit the remaining Rs.3.00 lakhs subject to
his rights and contentions that may be raised before the trial court.
Considering the aforesaid aspect and the role attributed to the
applicant which is reflected in the FIR, he deserves to be enlarged
on bail.
Mr.
K.P. Raval, learned Additional Public Prosecutor on the other hand
submitted that the applicant is facing charge for the offence
punishable under Sections 409, 465, 467, 468, 471 and 114 of Indian
Penal Code. Considering the peculiar facts and circumstnaces of the
case, the applicant cannot claim parity with the co-accused released
vide order dated 12.03.2010 passed in Criminal Misc. Application No.
1777 of 2010. He submitted that considering the role played by the
applicant and the manner in which the offence is committed by him, no
discretionary relief be granted and the application be dismissed.
I
have heard the learned advocates of both the sides at length and in
great detail. Having considered the rival submissions and on perusal
of the averments made in the application, role attributed to the
applicant which is reflected in the FIR, willingness of the applicant
to deposit the amount of Rs. 3.00 lakhs [Rupees Three Lakhs] before
the trial court, provisions of sections 409, 465, 467, 468, 471 and
114 of IPC and quantum of punishment etc., I am of the view that the
applicant deserves to be enlarged on bail without discussing the
evidence in detail.
For
the foregoing reasons, the application is allowed and the applicant
is ordered to be enlarged on bail in connection with CR No. I-60 of
2009 registered with Chuda Police Station, District-Surendranagar, on
his his depositing an amount of Rs.3.00 Lacs [Rupees Three Lacs]
before the trial court within one week from the date of his release
and on executing a bond of Rs.10,000/- [Rupees ten thousand only]
with one 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 the State of Gujarat 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.
The
amount of Rs. 3.00 Lacs that may be deposited by the applicant before
the trial court shall be invested by the trial court in a Fixed
Deposit in any nationalized bank in the name of Registrar of the
trial court for a period of five years and on expiry of the period of
five years, the same shall be renewed from time to time till the
trial is over.
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.
mathew [H.B.
ANTANI, J.]
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