Gujarat High Court
Dilipbhai vs State on 1 April, 2011
Author: Anant S. Dave
Bench: Anant S. Dave
Gujarat High Court Case Information System
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CR.MA/4185/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4185 of 2011
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DILIPBHAI
DHARAMSIBHAI DESAI & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
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Appearance :
MR
PR NANAVATI for Applicant(s) : 1 - 2.MR BS KHATANA for Applicant(s) :
1 - 2.
MR AJ DESAI APP for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 01/04/2011
ORAL
ORDER
Learned counsel appearing for the applicants submits that even prima facie observations of the learned Additional Sessions judge in the order dated 23.03.2011 reveal that husband of the complainant had borrowed Rs.2,40,000/-and in return two cheques were issued by him in favour of one of the complainants, but the said cheques could not be realized due to insufficient funds and, therefore, a complaint under section 138 of the Negotiable Instruments Act was filed before the learned Chief Judicial Magistrate, Patan. It is further submitted that in the above backdrop, the allegations levelled against the applicants are false, frivolous and made with a view to harass the applicants. It is further submitted that the applicants have roots in the society and will not flee from justice. It is further submitted that by imposing suitable conditions, the applicants may be enlarged on bail.
Heard learned APP for the respondent - State.
Having heard learned counsel 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 accused and punishment prescribed for the alleged offences, without discussing the evidence in detail, at this stage, I am inclined to enlarge the applicants on bail in connection with C.R.No.I-17/2011 of Patan City Police Station, A Division, for the offences punishable under sections 342, 384, 386, 323, 504, 506(2), 507, 452, 114 of the Indian Penal Code, on furnishing bond of Rs.10,000/- (Rupees ten thousand only) each with one surety of the like amount to the satisfaction of the lower Court and on conditions that the applicants shall :
[a] not take undue advantage of liberty or abuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] maintain law and order;
[d] mark presence before the concerned Police Station on every 1st and 15th day of English Calender month between 11.00 a.m. and 2 p.m .
[e] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[f] furnish the address of residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
[g] surrender passports, if any, to the Lower Court immediately.
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 before the Lower Court having jurisdiction to try the case.
Rule is made absolute. Direct service is permitted.
[Anant S. Dave, J.] *pvv Top