Gujarat High Court
Khodabhai Bhimjibhai Ghodasara vs State Of Gujarat on 19 April, 2018
Author: S.H.Vora
Bench: S.H.Vora
R/CR.MA/7793/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 7793 of 2018
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KHODABHAI BHIMJIBHAI GHODASARA
Versus
STATE OF GUJARAT
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Appearance:
MR JM BAROT(143) for the PETITIONER(s) No. 1
MS MONALI BHATT, APP (2) for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 19/04/2018
ORAL ORDER
1. Rule. Ms. Monali Bhatt, learned APP waives service of notice of Rule on behalf of respondent-State.
2. Heard learned advocate, for the applicant and learned APP, for the respondent-State.
3. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No. I - 69/2017 with Lathi Police Station for the offences punishable under Sections 406, 409, 420, 465, 467, 468, 471, 114 and 120(B) of the IPC.
4. The gist of the case is that the complainant is doing service in District Central Cooperative Bank Limited. That on 07.07.2017, the bank has given loan to Ms. Jayaben and the same is not yet received. Thus, the bank has given gold loans Page 1 of 4 R/CR.MA/7793/2018 ORDER to various persons. However, after scrutiny, it is found that the aforesaid loans were given on bogus documents. Hence, present FIR.
5. Learned advocate Mr. J.M. Barot, upon instructions, states at bar that the applicant would pay principal amount plus interest by way of equal installments within a period of six months as due date of loan is 30.09.2018.
6. Considering the police papers supplied by learned APP during the course of hearing, it appears that substantial investigation is over and all the documentary evidence are in custody of the investigating agency and therefore, there is no possibility or likelihood of tampering with the evidence at the hands of the applicant. The offences alleged against the applicant are triable by Magisterial Court and considering the pendency before the concerned Magisterial Court, there is no likelihood of commencement and conclusion of trial within near future and therefore, refusal of bail will amount to pre- trial conviction, which is prohibited by law. Therefore, considering the aforementioned statement made at bar by learned advocate appearing on behalf of the applicant, present Criminal Misc. Application deserves consideration.
7. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with I - 69/2017 with Lathi 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 the applicant shall;
[a] not take undue advantage of liberty or misuse
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R/CR.MA/7793/2018 ORDER
liberty;
[b] not act in a manner injurious to the interest of
the prosecution;
[c] not leave the territory of India without prior
permission of the Sessions Judge concerned;
[d] appear before the Investigation Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly;
[e] furnish the present address of residence along with the proof to the I.O. concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Sessions Court concerned;
[f] file and undertaking on oath before the concerned trial court within three days from the date of release inter alia promising to pay principal amount plus interest by way of six equal monthly installments to be cleared on or before 30.09.2018;
8. The Competent Authority will release the applicant only if the applicant is 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 take appropriate action in the matter. Bail bond to be executed before the lower court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. 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.
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9. Rule made absolute to the aforesaid extent. Direct service is permitted.
(S.H.VORA, J) TAUSIF SAIYED Page 4 of 4