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CR.MA/12084/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 12084 of 2011
=========================================================
JAYDEEPSINH
VENIJI CHAVDA - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
AY KOGJE for
Applicant(s) : 1,
Ms M L SHAH, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 30/08/2011
ORAL
ORDER
This
application is filed under Section 439 of the Code of Criminal
Procedure in connection with First Information Report registered as
I-C.R. No. 8 of 2011 with ACB Police Station, Palanpur for the
offences punishable under Sections 7, 12, 13(1)(d) and 13(2) of the
Prevention of Corruption Act, 1988.
Learned
Counsel appearing for the applicant submitted that even as per the
complaint, there is no direct demand or acceptance by the applicant
but the amount of bribe was allegedly accepted by accused No. 2. It
is further submitted that the trap had failed and even CCTV footage
as also not shown the applicant accepting any bribe amount. The
punishment prescribed for the offences under Prevention of
Corruption Act is about seven years and presence of the applicant is
secured and hence, by imposing suitable conditions, the applicant
may be enlarged on bail.
Heard
learned APP Mrs. Manisha L. Shah for the respondent-State.
Having
heard learned Counsels for the parties and perusing the record of
the case and taking into consideration the facts of the case, nature
of allegations, role attributed to the applicant, by imposing
suitable conditions, I deem it just and proper to enlarge the
applicant on bail.
Learned
Counsels for 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 released on bail in connection
with First Information Report registered as I-C.R. No. 8 of 2011
with ACB Police Station, Palanpur on executing a bond of Rs.5,000/-
(Rupees Five 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 liberty or misuse 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 prior permission of the
Sessions Judge concerned;
e)
mark presence at the concerned Police Station on the first Sunday of
every month between 10.00 a.m. and 3.00 p.m. for three months only;
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 the residence without prior permission of this
Court;
The
authorities will release the applicant only if not required in
connection with any other offence for the time being.
If
breach of any of the above conditions is committed, the Sessions
Judge concerned 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
made absolute. Direct Service is permitted.
(Anant
S. Dave, J.)
Jyoti
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