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CR.MA/10938/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 10938 of 2010
=========================================================
SANDEEPBHAI
DHIRUBHAI DESAI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
PM THAKKAR, LEARNED SR ADVOCATE FOR M/S THAKKAR ASSOC.
for
Applicant(s) : 1,
MR KP RAVAL, ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 08/10/2010
ORAL
ORDER
This is
an application under Sec.439 of the Code of Criminal Procedure, 1973
by the applicant who came to be arrested in connection with CR No.
I-45 of 2010 registered with Pardi police station, District-Valsad
for the offence punishable under Sections 406, 420, 467, 468, 471,
120-B and 114 of the Indian Penal Code.
Learned
advocate Mr. P.M. Thakkar for the applicant at the outset, submitted
that total amount involved in the present case is approximately Rs.
2,24,231/- and the applicant is ready to deposit the entire amount
before the trial court within one week from the date of his release,
subject to his rights and contentions that may be raised before the
trial court. Considering the aforesaid aspect and the role attributed
to the applicant which is reflected in the FIR and as the applicant
is ready and willing to deposit the entire amount, he deserves to be
enlarged on bail. He further submitted that co-accused are also
released on regular bail by a co-ordinate bench of this Court vide
order dated 23.08.2010 passed in Criminal Misc. Applications No. 8604
of 2010, 8607 of 2010 and 8979 of 2010. Learned counsel therefore
submitted that the applicant herein deserves to be released on
regular bail.
On the
other hand, learned APP Mr K.P. Raval, submitted that the applicant
is involved in the commission of offence punishable under Sections
406, 420, 467, 468, 471, 120-B and 114 of the Indian Penal Code.
Considering the role played by the applicant and the manner in which
the offence is committed by him, he cannot claim parity with
co-accused, and, therefore, no discretionary relief be granted and
the application be dismissed.
I have
heard the learned advocates of both the sides at length and in great
detail. Having considered the rival submissions and on perusal of
the averments made in the application, role attributed to the
applicant which is reflected in the FIR, and willingness of the
applicant to deposit the amount of Rs. 2,24,231/- before the trial
court, provisions of sections 406, 420, 467, 468, 471, 120-B and 114
of the Indian Penal Code and quantum of punishment etc., I am of the
view that the applicant deserves to be enlarged on bail without
discussing the evidence in detail.
For the
foregoing reasons, the application is allowed and the applicant is
ordered to be enlarged on bail in connection with CR No. I-45 of 2010
registered with Pardi police station, on his his depositing an amount
of Rs. 2,24,231/- before the trial court within one week from the
date of his release, and 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 on any day of first week
of every 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 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.
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.
The
amount of Rs. 2,24,231/- that may be deposited by the applicant
before the trial court shall be invested by the trial court in Fixed
Deposit in any nationalized bank in the name of Registrar of the
trial court for a period of five years and on expiry of the period of
five years, the same shall be renewed from time to time till the
trial is over.
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.
[H.B.
ANTANI, J.]
mathew
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