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CR.MA/7408/2010 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7408 of 2010
=========================================================
ARVINDBHAI
VAGHJIBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PRAKASH THAKKAR, LD. SR. COUNSEL for Applicant(s) : 1,
MR HL JANI,
LD. ADDL. PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 23/07/2010
ORAL
ORDER
This
application is filed by the applicant under Section 439 of the
Criminal Procedure Code, 1973 for releasing him on regular bail in
connection with the offences registered at M. Case No.01 of 2003
registered with Vidyanagar Police Station, Anand, for the offences
punishable under Sections 406, 409, 465, 467, 468, 420 and 120-B of
the Indian Penal Code.
I
have heard Mr.Prakash Thakkar, learned Senior Counsel for the
applicant and Mr.H.L. Jani, learned Additional Public Prosecutor for
the respondent State.
Mr.Prakash
Thakkar, learned Senior Counsel appearing on behalf of the
applicant, submitted that the applicant is aged about 70 years. He
has also contended that the applicant was the Director of the Bank.
He also contended that the applicant is innocent and is falsely
involved in the offence. He has also contended that no role is
attributed to the applicant in the F.I.R. and applicant is sought to
be involved only on the basis of suspicion. He has also contended
that in other similarly situated matters, this Court has already
granted bail to other accused persons. He, therefore, contended that
applicant may kindly be enlarged on bail.
Mr.H.L.
Jani, learned Additional Public Prosecutor, has submitted that huge
public money is involved in the present case. He has also contended
that this is a serious offence committed by the applicant and
prima-facie case is made out against the applicant. He has
vehemently argued that the applicant has jumped the Rules and
Regulations and directions of Reserve Bank of India while giving
loan. He, therefore, contended that lenient view is not required to
be taken in the present case. He further contended that the
applicant is involved in the serious offence and, therefore,
considering the quantum of the punishment, gravity of offence etc.,
applicant is not entitled to be released on regular bail.
I
have considered the fact of the case and also submissions advanced
by the learned counsels 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.01
of 2003 registered with Vidyanagar Police Station, Anand, on their
executing 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 calendar month between 09:00 a.m. and 02:00
p.m. till the the trial is over;
(f)
furnish 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
their 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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