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CR.MA/13874/2005 3/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13874 of 2005
======================================
SURESHBHAI
KANTIBHAI PATEL
Versus
STATE
OF GUJARAT AND ANOTHER
======================================
Appearance
:
MR YOGESH S LAKHANI for the
applicant
MR AD OZA PUBLIC PROSECUTOR for Respondent No.1
MR
RAJESHWAR J DAVE for Respondent
No.2
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CORAM
:
HONOURABLE
MR.JUSTICE A.S.DAVE
Date
: 13/02/2006
ORAL
ORDER
Rule.
Shri AD Oza, learned Public Prosecutor waives service of Rule for
respondent No.1-State and Mr Rajeshwar J Dave waives service of Rule
for respondent No.2-bank.
Heard Shri
Y.S.Lakhani, learned advocate for the petitioner, Shri AD Oza,
learned Public Prosecutor for respondent No.1 and Shri Rajeshwar J
Dave for respondent No.2-bank.
This
application is filed by the petitioner for releasing him on bail in
connection with C.R.No.I-452 of 2002 registered with Naranpura Police
Station. On earlier occasion, the petitioner was ordered to be
released on bail by the learned Additional Sessions Judge, Court
NO.5, Ahmedabad by an order dated 7th July 2004 on a
specific understanding that the petitioner shall pay Rs.50 lakhs and
thereafter to clear the outstanding dues within a period of three
years by depositing the advance cheques of the equal installments.
Pursuant
to the undertaking filed the petitioner at that time, he has paid in
all Rs.50 lakhs but thereafter he could not carry out the assurance
given by him as per the undertaking filed before the concerned Court
and, therefore, he came to be rearrested on 8.12.2004 and since then
he is in jail.
Shri YS
Lakhani, learned advocate for the petitioner submits that it was due
to reasons beyond the control of the petitioner that the petitioner
could not fullfil the assurance given to the Court as he was
kidnapped and that since the complaint against his kidnapping was not
registered, he had to approach this Court for filing appropriate
proceedings. Shri Lakhani further submits that immediately after
being released on bail the petitioner will dispose of nine
properties, which include the properties which are not mortgaged with
the Bank and clear the outstanding dues of the Bank. He has further
submitted that he shall file notorised undertaking on oath before
this Court in the same terms and conditions as narrated in the draft
undertaking. Besides, he has further submitted that the wife of the
petitioner has suffered multiple fractures and she is to be operated
very soon and as such there is no liquidity and considering the above
aspects, the petitioner may be enlarged at least on temporary bail
for a period of three months.
Shri
A.D.Oza, learned Public Prosecutor appearing for respondent
No.1-State expressed his doubt about the genuineness of the offer of
the petitioner in view of his past conduct. Shri Rajeshwar Dave,
learned advocate for respondent No.2-Bank is also not sanguine about
the outcome of the proposal submitted by the petitioner.
Considering
the above facts and circumstances and the discordant note, as
submitted by the learned counsel for the respondents, at this stage,
the following aspects are considered by this Court for enlarging the
petitioner on temporary bail for a period of three months.
(i) The
petitioner is in jail since 8.12.2004;
(ii) The
investigation is over and the charge-sheet has been filed.
The
case of the petitioner deserves consideration at this stage.
Accordingly, the petitioner is ordered to be enlarged on temporary
bail for a period of three months from the date of his release
in connection with Crime Register No.I-452 of 2002 registered with
Naranpura Police Station subject to the following conditions:-
[a] the petitioner shall file an undertaking to the extent that immediately after his release from the jail, the petitioner shall make all sincere endeavours to dispose of the properties as mentioned in the Schedule annexed to the undertaking.
[b] the petitioner shall pay an amount of Rs.50 lakhs to respondent No.2-bank within a period of two months from the date of his release on temporary bail from the sale proceeds of properties to be disposed of by the petitioner as stated in his undertaking;
[c] the petitioner shall submit the progress report before this Court, on the next date of hearing, stating the efforts made by him in disposing of the properties;
[d] the petitioner shall bear the cost of the advertisement, valuation report, etc for disposing of the properties;
[e] the petitioner shall surrender his passport, if any, to the lower court within a week;
[f] the
petitioner shall not leave the local limits of the State of Gujarat
without prior permission of the Sessions Judge concerned;
[g] the
petitioner shall mark his presence before Naranpura Police Station
once in every week for a period of 30 days and thereafter on 1st
Sunday and 4th Sunday of every month between 9.00 a.m.
And 2.00 p.m.;
[h] the
petitioner shall furnish his residential address to the investigating
authority and shall not change his address;
The matter
to be listed on 2nd May, 2006. D.S. Permitted.
[ANANT
S. DAVE, J.]
*mohd
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