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CR.MA/1090220/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10902 of 2008
==================================================
BHAVESHBHAI
NAGJIBHAI DESAI AND ANOTHER - Applicants
Versus
STATE
OF GUJARAT AND ANOTHER - Respondents
==================================================Appearance
:
MR PR NANAVATI for the
Applicants.
MR HL JANI, ADDITIONAL PUBLIC PROSECUTOR for
Respondent : 1. MR HARSHAD PATEL for
Respondent : 2.
DS AFF.NOT FILED (N) for Respondent :
2.
==================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 29/08/2008
ORAL
ORDER
1. RULE.
Learned Additional Public Prosecutor Mr. H. L. Jani waives service
of Rule on behalf of the respondent No. 1 State and learned
Advocate Mr. Harshad Patel for respondent No. 2. In the facts and
circumstances of the case, the matter is taken up for hearing today.
2. This
is an application preferred under Section 439 of the Code of Criminal
Procedure seeking regular bail of the petitioner in connection with
FIR registered as C. R. No. I-63 of 2008 filed at Modasa Police
Station for the offences punishable under Sections 406, 420, 408 and
114 of the Indian Penal Code.
3. Learned
Advocate Mr. P. R. Nanavati for the petitioner submits that
considering the role played by the petitioner, which is reflected in
FIR at Annexure-A to the petition, he requires to be released on
bail. The learned Advocate submitted that if the prayer, as set out
in the application, is granted, then he would abide by the terms and
conditions imposed by this Court.
4. Learned
Additional Public Prosecutor Ms. Manisha L. Shah representing the
respondent-State, opposing the bail application, submitted that the
considering the role played by the petitioner and the manner in which
the offences punishable under Sections 406, 420, 408 and 114 of the
Indian Penal Code are committed, no interference is called for and
the bail application deserves to be dismissed.
5. I
have heard the learned Counsel representing both the sides and
considering the role played by the petitioner and the manner in which
the alleged offences are committed by the petitioner, I am inclined
to exercise my discretion in favour of the petitioner without
entering into the merits of the case.
6. For
the foregoing reasons, the petition is allowed. The petitioner is
ordered to be enlarged on bail in connection with FIR registered as
C. R. No. I-63 of 2008 filed at Modasa Police Station for the
offences punishable under Sections 406, 420, 408 and 114 of the
Indian Penal Code 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 Modasa Police Station on any day of every first week
of English calendar month between 9.00 AM and 2.00 PM till the trial
is over;
[f] furnish
the present address of his residence to the Investigating Officer 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; and,
[g] maintain
law and order.
7. 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.
8. Bail
bond to be executed before the lower Court having jurisdiction to try
the case.
9. 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 petitioner on bail.
10. Rule
is made absolute. Direct Service is permitted.
[H.
B. ANTANI, J.]
/shamnath
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