Nagin Govindbhai vs State Of Gujarat & on 7 May, 2015

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Gujarat High Court

Nagin Govindbhai vs State Of Gujarat & on 7 May, 2015

Bench: Anant S. Dave

        R/CR.MA/16284/2014                               ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 16284 of 2014
                                    With
           CRIMINAL MISC.APPLICATION NO. 16286 of 2014
                                    With
           CRIMINAL MISC.APPLICATION NO. 16287 of 2014

==========================================================
                    NAGIN GOVINDBHAI....Applicant(s)
                               Versus
                 STATE OF GUJARAT & 1....Respondent(s)
==========================================================
Appearance:
MR DEVESH A BHATT, ADVOCATE for the Applicant(s) No. 1
MR DEVANG VYAS, ASG for the Respondent(s) No. 2
MR PARTH DIVYESHWAR for the Respondent(s) No. 2
MR JK SHAH APP for the Respondent(s) No. 1
==========================================================

        CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE

                               Date : 07/05/2015


                             COMMON ORAL ORDER

Heard learned counsels for the parties, Mr. Devesh Bhatt for the petitioners, Mr. Parth Divyeshwar for the respondent No.2 and Mr. J.K.Shah, learned APP for the respondent No.1.

2 Learned counsel for the petitioners submits that the petitioners came to be arrested pursuant to issuance of nonbailable warrants and facts of the present petitions are almost similar with the facts of petitioner in Special Criminal Application No.4922 of Page 1 of 3 R/CR.MA/16284/2014 ORDER 2014. Learned counsel for the petitioners has adopted the submissions made by Shri R.J.Goswami, learned counsel appearing for petitioner in Special Criminal Application No.4922 of 2014 and prayed that all the petitioners herein are at par with the petitioner of Special Criminal Application No.4922 of 2014 and, therefore, the present petitioners are also required to be enlarged on bail.

Having heard learned counsels for the parties and considering the facts and circumstances of the petitions and in view of what is recorded in order dated 07.05.2015 passed by this Court in Special Criminal Application No.4922 of 2014, all these petitions are allowed and the petitioners are ordered to be released on bail pursuant to the complaint filed with Hon'ble Designated Special Court, District and Sessions, Ahmedabad [Rural] being PMLA Case No.01/2013, on executing a bond of Rs.50,000/ (Rupees Fifty Thousand only) each with one surety 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 injuries to the interest of the prosecution;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;

Page 2 of 3

R/CR.MA/16284/2014 ORDER [e] mark presence at the respondent No.2, on the first Sunday of every month between 10 a.m. and 3 p.m for three months only;

[f] furnish the present address of residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court;

3 The Authorities will release the petitioners only if they are 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 issue warrant or 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 petitioners on bail. Rule is made absolute to the aforesaid extent. D.S. Permitted.

(ANANT S.DAVE, J.) pvv Page 3 of 3

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