Gujarat High Court Case Information System
Print
CR.MA/166/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 166 of 2011
To
CRIMINAL
MISC.APPLICATION No. 168 of 2011
=========================================
BHAGWATIPRASAD
HOSILAPRASAD DUBEY - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================
Appearance :
MR
RR MARSHALL FOR MR ADIL R MIRZA
for Applicant(s) : 1,
MR
HL JANI, LD. ADDL. PUBLIC PROSECUTOR for Respondent(s) : 1,
None
for Respondent(s) : 2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 25/02/2011
COMMON
ORAL ORDER
Present
applications are filed by the applicant under Section 439 of the
Criminal Procedure Code, 1973 for releasing him on regular bail in
connection with CR No.I-96 of 2010, CR No.I-97 of 2010 and CR
No.I-99 of 2010 registered with Salabatpura Police Station, Surat in
the respective application for the offences punishable under
Sections 406, 420, 409, 411, 120(B) and 114 of the Indian Penal
Code.
Heard
Mr.R.R. Marshall, learned senior counsel with Mr.Adil Mirza, learned
counsel for the applicant and Mr.H.L. Jani, learned Additional
Public Prosecutor for the respondent No.1-State.
Mr.Marshall
has submitted that the applicant is innocent and has not committed
any offence as alleged against him. He has also contended that
nothing is recovered from the present applicant. Mr.Marshall has
read the First Information Report and contended this is a case of
civil in nature, for which the complainant could have filed Civil
Suit for recovery of the amount. He has also read the provision of
Sections 405 and 415 of the Indian Penal Code and argued that
prosecution has failed to establish case beyond reasonable doubt
against the present applicant. He has also contended that applicant
has not played any active role in the offence in question.
Mr.Marshall has also contended that other co-accused have already
been released on bail and therefore, on the ground of parity also,
present application is required to be allowed.
As
against this, Mr.Jani, learned Additional Public Prosecutor, has
strongly opposed the present application. He has contended that the
applicant is a habitual offender and looking to the huge amount
involved in the present case, application deserves to be dismissed.
I
have gone through the order passed by the trial Court as well as
papers produced on record of the case. I have also considered the
submissions advanced by the learned counsel for the parties. Looking
to the papers, it appears that main ingredients of Sections 405 and
415 are not established beyond reasonable doubt against the present
applicant. Looking to the allegations levelled against the
applicant, without entering into the merits of the case, I am of the
opinion that this is a fit case to grant the bail.
Learned
counsel for the parties do not press for a reasoned order.
Considering
the submissions made on behalf of the parties and having regard to
the facts and circumstances of the case, the application is allowed
and applicant is ordered to be released on bail in connection with
CR No.I-96 of 2010, CR No.I-97 of 2010 and CR No.I-99 of 2010
registered with Salabatpura Police Station, Surat in the respective
application for the offences alleged against him in the respective
application on his executing a bond of Rs.1,00,000/- (Rupees One
Lakh Only) in each application, (i.e. Rs.3,00,000/-), with one
solvent surety of the like amount to the satisfaction of the lower
Court and subject to the conditions that he shall,
(I) not
take undue advantage of his liberty or abuse his liberty;
(ii) not
act in a manner injurious to the prosecution;
(iii) not
leave the local limits of State of Gujarat without the prior
permission of the concerned Sessions Judge;
(iv) mark
his presence before the Investigating Officer on every 15th
day of the calender month between 09:00 a.m. to 02:00 p.m.;
(v) Surrender
his passport, if any, to the lower Court within a week;
(vi) furnish
the present address of residence to the Investigating Officer as
well as to the Court at the time of furnishing bond and shall
not change his residence till further orders;
(vii) maintain
law and order;
The
Authority will release the applicant only if he is not required in
connection with any other offence for the time being.
If
breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or 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
Top