Gujarat High Court Case Information System
Print
CR.MA/9322/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9322 of
2008
=========================================
ASHOKKUMAR
BHOLASHANKAR BUNDELA - Applicant(s)
Versus
CENTRAL
BUREAU OF INVESTIGATION, & 1 - Respondent(s)
=========================================
Appearance :
MR
KINNAR A SHAH for Applicant(s) : 1,
None for
Respondent(s) : 1,
MRS MANISHA SHAH, APP for Respondent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 17/07/2008
ORAL ORDER
1. RULE.
Mrs Manisha Shah, learned Additional Public Prosecutor waives service
of Rule for respondent No.2 ? State In the facts and circumstances
of the case, the application is taken up for hearing today.
2. This
is an application preferred under Section 439 of the Code of Criminal
Procedure in connection with R.C. No.8(A)/2008 G.N.R. investigated by
the CBI for the offence punishable under Section 7 of Prevention of
Corruption Act, 1988. Mr KA Shah, learned advocate for the applicant
submitted that considering the FIR produced at Pages-12 and 13, the
applicant is falsely implicated in the commission of offence and as
the applicant has made out a case for release on regular bail, the
prayer as set out in the application may be granted.
3. As
against the aforesaid submission, Mrs Manisha Shah, learned
Additional Public Prosecutor for respondent No.2 ? State submitted
that since the offence is involved under the Prevention of Corruption
Act and considering the role attributed to the applicant in the
commission of offence, it is a fit case to reject the bail
application.
4. Heard
Mr KA Shah, learned advocate for the applicant and Mrs Manisha Shah,
learned Additional Public Prosecutor for respondent No.2 ? State in
great detail. I have perused the averments made in the application
as well as the FIR produced at Pages-12 and 13. The order passed by
the learned Judge in C.B.I. Criminal Misc. Application No.57 of 2008
dated 11.06.2008 is also perused by me and I have also considered the
reasonings assigned by the learned Judge. However, taking into
account the role attributed to the applicant and the involvement of
the applicant in the commission of offence, prima facie, without
entering into the merits of the case, I am inclined to exercise my
discretion in favour of the applicant.
5. In
view of the above, the application is allowed and the applicant is
ordered to be enlarged on bail in connection with R.C. No. 8(A)/2008
G.N.R. registered at C.B.I. Police Station, Gandhinagar 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 twice in a month of
English calendar (within an interval of 15 days) 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.
6. 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.
7. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
8.
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.
9. Rule
is made absolute to the aforesaid extent.
Direct
Service is permitted.
(H.B.
Antani, J.)
mrpandya*
Top