Gujarat High Court
Dineshkumar Maganbhai Chaudhary & vs State Of Gujarat on 21 August, 2017
Author: G.R.Udhwani
Bench: G.R.Udhwani
R/CR.MA/19930/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 19930 of 2017
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DINESHKUMAR MAGANBHAI CHAUDHARY & 1....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR NIKHIL S KARIEL, ADVOCATE for the Applicant(s) No. 1 - 2
MS JIRGA JHAVERI APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 21/08/2017
ORAL ORDER
1. Heard learned advocate for the applicants and learned APP for the respondent-State.
2. This application is filed seeking bail under Section 439 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 7, 12, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 for which FIR came to be registered at C.R. No.I-5 of 2017 with Anti-Corruption Bureau, Mehsana Police Station, Dist: Mehsana.
3. Learned Counsel for the petitioners submitted that petitioners are willing to give their voice sample for voice spectrography. Learned APP submitted that the date for the voice spectrography is awaited from the FSL and the moment it is received, intimation will be given to the petitioners requiring their presence at the appropriate place, for the said purpose.
In view of the above statement made by the learned Counsel for the petitioners, the petitioners are directed to remain present at the place specified by the investigator for the purpose of voice spectrography.
4. Considering the nature of accusation against the petitioners Page 1 of 3 HC-NIC Page 1 of 3 Created On Tue Aug 22 02:49:00 IST 2017 R/CR.MA/19930/2017 ORDER and the extent of sentence as well as the extent of the corruption money involved in the case, the case for admitting the petitioner to bail is made out.
5. Hence, this application is allowed and applicants are ordered to be released on bail in connection with C.R. No.I-5 of 2017 with Anti-Corruption Bureau, Mehsana Police Station, Dist:
Mehsana on their executing a bond of Rs.10,000/- (Rupees Ten Thousand only) each with one surety each of the like amount to the satisfaction of the trial Court and subject to the conditions that they 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 their passport, if any, to the lower court within a week;
(d) not leave the territory of India without prior permission of the Sessions Judge concerned;
(e) mark presence in the concerned police station once in a calendar month.
(f) furnish the present address of residence along with the proof to the Investigating Officer concerned and also to the trial court at the time of execution of the bond and shall indicate change of residential address if any to the trial court.
(g) as stated by learned Counsel for the petitioners, the petitioners will remain present at the specified date for voice spectrography.
(h) not enter into the jurisdiction of the ACB Mehsana Police Station except for recording their attendance in the said Police Station, as also for attending the Court proceedings; until the filing of the report under Section 173 of the Code of Criminal Procedure;
6. The competent authority will release the applicants only if he is not required in connection with any other offence for the time Page 2 of 3 HC-NIC Page 2 of 3 Created On Tue Aug 22 02:49:00 IST 2017 R/CR.MA/19930/2017 ORDER being.
6.1 If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.
6.2 Bail bond to be executed before the lower court having jurisdiction to try the case.
6.3 It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. 6.4 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 applicants on bail.
7. Rule made absolute to the aforesaid extent. Direct service is permitted.
(G.R.UDHWANI, J.) sompura Page 3 of 3 HC-NIC Page 3 of 3 Created On Tue Aug 22 02:49:00 IST 2017