Anil Tahilram Kodnani vs State Of Gujarat on 1 August, 2019

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Gujarat High Court

Anil Tahilram Kodnani vs State Of Gujarat on 1 August, 2019

Bench: Vipul M. Pancholi

      R/CR.MA/14444/2019                                              ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION NO.                   14444 of 2019

==============================================================
                           ANIL TAHILRAM KODNANI
                                    Versus
                              STATE OF GUJARAT
==============================================================
Appearance:
MR HARDIK A DAVE(3764) for the Applicant(s) No. 1
MR RONAK RAVAL, APP(2) for the Respondent(s) No. 1
==============================================================

 CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI

                             Date : 01/08/2019

                                ORAL ORDER

1. Rule. Learned APP Mr.Ronak Raval waives service of Rule on behalf of the respondent State.

2. The present bail application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being IC.R.No.04 of 2019 registered with ACB Police Station, Navsari for offence punishable under Section 7(A) of the Prevention of Corruption Act.

3. Learned advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

4. Learned APP appearing on behalf of the respondentState has opposed grant of regular bail looking to the nature and gravity of the Page 1 of 4 Downloaded on : Thu Aug 01 21:55:46 IST 2019 R/CR.MA/14444/2019 ORDER offence.

5. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.

6. Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

7. I have also taken into consideration the following aspects :

a. Applicant is in jail since 15.07.2019; b. Applicant is aged about 62 years and he is a Doctor;

c. It is submitted by learned advocate for the applicant that applicant is going to retire from the service on attaining the age of superannuation on 31st August, 2019; d. It is also submitted by learned advocate for the applicant under the instructions that there is no other FIR registered against the applicant nor any departmental inquiry is held against the applicant during his entire service carrier of 33 years;

     e.       I have considered the material                              placed on


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       R/CR.MA/14444/2019                                              ORDER

record and relevant papers of investigation; In the facts of the present case, I am inclined to consider the case of the applicant.

8. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in (2012) 1 SCC 40.

9. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being IC.R.No.04 of 2019 registered with ACB Police Station, Navsari on executing a personal 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 he 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 passport, if any, to the lower court within a week;

[d] not leave India without prior permission of the concerned Trial Court;

[e] mark presence before the concerned Police Station between 1st to 10th day of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.;

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R/CR.MA/14444/2019 ORDER [f] furnish the present address of residence to the Investigating Officer 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;

10. The authorities will release the applicant only if he 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 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.

11. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order.

12. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(VIPUL M. PANCHOLI, J) Pallavi Page 4 of 4 Downloaded on : Thu Aug 01 21:55:46 IST 2019

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