Gujarat High Court Case Information System
Print
CR.MA/9093/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9093 of 2010
======================================
AJIT
MANGALDAS SACHDE - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
======================================
Appearance :
MRS
SHILPA R SHAH for Applicant(s) : 1,
MR MR MENGDEY APP for
Respondent(s) : 1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH
H.SHUKLA
Date
: 31/08/2010
ORAL
ORDER
The
present application has been filed by the applicant for grant of
anticipatory bail under section 438 of Code of Criminal Procedure,
1973. The applicant is charged with having committed offences under
sections 409, 465, 467, 468, 471, 120(B) read withs section 114 of
Indian Penal Code for which First Information Report being
I-C.R.No.177 of 2010 has been registered with Nakhtrana Police
Station.
Learned
advocate Mrs.Shilpa Shah for the applicant accused submitted that
applicant is Talati-cum-mantri and there is no offence in fact as
stated in the impugned order it was an attempt. He further submitted
that allegation is about wrongly passing of the bill which have not
been sanctioned and only attempt of misappropriation has been made.
She has submitted that the applicant being Talati was required to
supervise other bills also and he may not have the total supervision
with regard to the scheme and, therefore, present application may be
allowed.
Learned
Additional Public Prosecutor Mr.Mengdey resisted the application. He
referred to the statements of witnesses and submitted that some of
the amount has also been deposited in account of Post Office as cane
be seen from the statements. He, therefore, submitted that the
present application may not be allowed.
In
view of the rival submissions, it is required to be considered
whether the present application can be entertained or not.
Though
the grant of anticipatory is discretionary power which is required
to be used with circumspection, in view of the guidelines with
regard to exercise of discretionary power, present application
deserves to be allowed.
Accordingly,
the present application is allowed. The applicant is ordered to be
released on bail in the event of his arrest in connection with
I-C.R.No.177 of 2010 registered with Nakhtrana Police Station in
respect of the offence alleged against his on his executing bond of
Rs.10,000/- (Rupees Ten thousand only) with one solvent surety of
the like amount, by him, by the concerned Police Officer and on
conditions that he shall;
a) remain present before the trial Court regularly as and when directed on the dates fixed;
b) remain present at the concerned Police Station on 06.09.2010 between 11.00 a.m. and 4.00 p.m;
c) make himself available for interrogation by Police Officer between as and when required;
d) not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;
e) not to obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;
f) at the time of execution of bond, furnish his address to the Investigating Officer and the Courts concerned, and shall not change his residence till the final disposal of the case or till further orders;
g) not leave India without the permission of the Court and if having Passport, shall deposit the same before the trial Court within a week;
h) It should be open to the Investigating Officer to file an application for remand if he considers it proper and just; and the learned Magistrate would decide it on merits.
This
order will hold good if the applicant is arrested at any time within
90 days from today. The order for release on bail will remain
operative only for a period of ten days from the date of his arrest,
during which it will be open to the applicant to make fresh
application for being enlarged on bail in usual course which when it
comes before the competent Court, will be disposed of in accordance
with law, having regard to all the attending circumstances and the
materials available at the relevant time uninfluenced by the fact
that anticipatory bail was granted.
Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
[RAJESH
H.SHUKLA, J.]
Amit
Top