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CR.MA/2199/2007 6/ 6 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2199 of 2007
=========================================================
SURESHBHAI
CHHOTABHAI KACHHIA PATEL & 2 - Applicant(s)
Versus
THE
STATE OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
PRASHANT DESAI FOR MR KAUSHAL D PANDYA for
the Applicants.
MS MITA PANCHAL, APP for the
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE DN PATEL
Date
: 07/03/2007
ORAL
ORDER
Rule.
Learned Additional Public Prosecutor Ms. Mita Panchal waives
service of notice of Rule on behalf of the respondent State.
2. The
present application has been preferred for regular bail under section
439 of the Code of Criminal Procedure in connection with the offence
registered as Cr. No. I-67 of 2006 with Virsad police station for the
offences punishable under sections 406, 408, 420, 464, 465, 467, 468,
471, 120-B and 114 of the Indian Penal Code.
3. The
learned advocate for the gs has made a statement that several
deposits/balance of nearby and close relatives of the applicants are
lying with Virsad Mercantile Co-operative Credit Society Ltd., which
are as under :
Relatives
of applicant No.1- Sureshbhai Chhotabhai Patel
:
Name of Relatives
Saving Account No./ Deposit
Receipt No.
Amount lying
Ghanshyambhai
Becharbhai Kachhia Patel
A/c.No.644
47,428/-
Darshnaben
Ghanshyambhai Kachhia Patel
008951
5,000/-
Pratikkumar
Ghanshyambhai Kachhia Patel
008952
5,000/-
Pratikkumar
Ghanshyambhai Kachhia Patel
008536
8,000/-
Meenaben
Ramchandra Kachhia Patel
004622
8,000/-
Rajnikant
Babubhai Kachhia Patel
008902
5,000/-
Dhruvang
Yashwantbhai Kachhia Patel
008923
5,000/-
Narendrabhai
Dahyabhai Kachhia Patel
012275
32,950/-
Babubhai
Shivabhai Kachhia Patel
012078
3,078/-
Babubhai
Shivabhai Kachhia Patel
012111
5,428/-
Jagrutiben
Dharmeshbhai Kachhia Patel
010846
10,000/-
TOTAL
1,34,884/-
Relatives
of applicant No.2- Manibhai Somabhai Patel:
Name of Relative
Saving Account No/ Deposit
Receipt No
Amount lying
Ravjibhai
Somabhai Kachhia Patel
A/c.No.455
27,941/-
TOTAL
27,941/-
Relatives
of applicant No.3- Mafatbhai Somabhai Patel:
Name of Relatives
Saving Account No/ Deposit
Receipt No
Amount lying
Somabhai
Shankarbhai Raval
005766
40,000/-
Rajeshbhai
Bhikhabhai Raval
011408
20,000/-
Vishnubhai
Mafatbhai Raval
006034
15,000/-
Ramanbhai
Bhikhabhai Raval
012230
5,618/-
Shobhnaben
Bhikhabhai Raval
006116
2,000/-
Ramanbhai
Bhikhabhai Raval
A/c.No.424
5,524/-
Swapnilkumar
Vishnubhai Raval
A/c.No.499
1,406/-
Rameshbhai
Mafatbhai Raval
A/c.No.181
9,800/-
TOTAL
99,348/-
The
aforesaid amounts come to approximately Rs.2,62,000/-. This can be
retained by the Credit Society without prejudice to the rights and
contentions of the present applicants. If this amount is already
encashed by the concerned persons, then the applicants will deposit
Rs.2,62,000/- with the Credit society on or before 23rd
March,2007.
4. The
Investigating Officer will convey to the present applicants whether
the balance/deposits which are referred to hereinabove, are still
with the concerned society or not. If this amount is already encashed
by the concerned depositors, immediately intimation will be given to
the applicants so that without loss of time, the applicants can
deposit the amount of Rs.2,62,000/- on or before 23rd
March, 2007. This deposition of amount will not tantamount to
admission on the part of the applicants of any of the facts and will
be subject to the final outcome of the criminal proceedings. This
verification of facts will be carried out by the investigating
officer.
5. Having
heard the learned advocates for both the sides and looking to the
facts and circumstances, statements of witnesses, gravity of the
offence, quantum of punishment, the manner in which the applicants
are involved in the offence, as per the allegations of the
prosecution, and also keeping in mind the above statement made by the
learned counsel for the applicants, this application is allowed.
The applicants are ordered to be released on bail in connection with
Crime Register No.I-67 of 2006 of Virsad Police station on each of
them executing a bond of Rs. 10,000/- (Rs. Ten thousand) with two
sureties of the like amount to the satisfaction of the lower Court
and subject to the conditions that they shall:
(a) not take undue advantage of their
liberty or abuse their liberty;
(b) not act in a manner injurious to
the interest of the prosecution;
(c) maintain law and order;
(d) shall mark their presence before
Virsad Police Station on every first day of English Calendar month
between 9.00 a.m. to 2.00 p.m.;
(e) not leave the State of Gujarat
without the prior permission of the Sessions Court concerned;
(f) furnish the address
of their residence at the time of execution of the bond and shall not
change the residence without prior permission of this Court;
(e) surrender their passport, if any,
to the lower Court within a week.
6. In
case of breach of any of the above conditions, the Sessions Judge
concerned will be free to issue warrant or to take appropriate action
in the matter.
7. Bail
bond before the lower court having jurisdiction to try the case.
8. Rule
is made absolute. Direct service permitted.
(D.N.PATEL,J)
*dipti
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