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CR.MA/8689/2010 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8689 of 2010
=====================================================
HEMANTKUMAR
SANMUKHLAL DAALWALA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=====================================================
Appearance
:
MR
PRASHANT DESAI WITH MR MRUGEN K PUROHIT for Applicant(s) : 1,MR SOEB
R BHOHARIA for Applicant(s) : 1,
MR HL JANI ADDITIONAL PUBLIC
PROSECUTOR for Respondent(s) :
1,
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 17/08/2010
ORAL
ORDER
This
application is filed under section 439 of the Code of Criminal
Procedure by the applicant who has been arrested in connection with
C.R. No. I – 10 of 2010 registered with the C.I.D. Crime, Gandhinagar
Zone Police Station, for the offence punishable under sections 406,
409, 465, 467, 468, 471, 477(a), 120(b) of the Indian Penal Code and
Section 46 of the Banking Regulation Act.
Mr.
Prasant Desai, learned senior advocate with Mr. S.R. Bhoharia for the
applicant submitted that the applicant is an innocent person and a
false case is foisted on him. He further submitted that the applicant
has paid full and final amount with interest for which he has
produced documents at pages No.82, 83 an 84 to the application and,
therefore, no claim can be made against the applicant. Even the
applicant has not played any role in opening fake account or
sanctioned loan without security or any false entry or obtained any
huge overdraft facility. He submitted that considering the role
attributed to the applicant and reflected in the FIR at Annexure ‘A’
to the application, this is a fit case to enlarge the applicant on
regular bail.
As
against the aforesaid, learned APP Mr. Jani submitted that
considering the role played by the applicant, no discretionary relief
can be granted to the applicant, and the application deserves to be
dismissed.
Having
heard the rival submissions of learned advocates and having
considered the role attributed to the applicant and reflected in the
FIR at Annexure ‘A’ and the quantum of punishment etc. and the fact
that the applicant has already paid full and final amount with
interest, for which he has produced the documents showing the same
with the application, I am of the view that the the applicant is
required to be enlarged on regular bail at this stage on stringent
conditions, without entering into the merits of the case and without
discussing the evidence in detail.
The
parties do not press for further reasoned order.
In
the facts and circumstances of the case, the application is allowed
and the applicant is ordered to be enlarged on bail in connection
with C.R. No. I 10 of 2010 registered with the C.I.D. Crime,
Gandhingar Zone Police Station 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]. 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;
[f]. 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.)
ynvyas
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