Gujarat High Court
Pradipkumar Updeshkumar Shyamlal ... vs State Of Gujarat on 7 August, 2019
Author: Vipul M. Pancholi
Bench: Vipul M. Pancholi
R/CR.MA/13729/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 13729 of 2019
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PRADIPKUMAR UPDESHKUMAR SHYAMLAL GUPTA
Versus
STATE OF GUJARAT
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Appearance:
MR YASH N NANAVATY(5626) for the Applicant(s) No. 1,2
MR RONAK RAVAL, APP(2) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 07/08/2019
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.86 of 2018 registered with Veraval Police Station, GirSomnath for offence punishable under Sections 406, 409, 420, 120B of the Indian Penal Code and Section 3 of the Gujarat Protection of Interest of Depositors (in Financial Establishments) Act, 2003.
3. Learned advocate appearing on behalf of the applicants submits that considering the nature of the offence, the applicants may be enlarged on regular bail by imposing suitable conditions.
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4. Learned APP appearing on behalf of the
respondentState has opposed grant of regular
bail looking to the nature and gravity of the 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 applicants on regular bail.
7. I have also taken into consideration the following aspects :
a. applicants are in jail since 26.01.2019; b. investigation is concluded and chargesheet is filed;
c. Case is triable by the Court of Magistrate; d. for the alleged incident, which has taken place between January2015 to June2016, FIR is lodged on 14.04.2018. Thus, there is a gross delay in lodging the FIR;
e. It is submitted by learned advocate for the applicants that similar type of allegations are levelled against the applicants in two different Page 2 of 5 Downloaded on : Thu Aug 08 01:36:58 IST 2019 R/CR.MA/13729/2019 ORDER FIRs registered against the applicants and in both the said FIRs, the applicants are enlarged on bail by the concerned Sessions Court on a condition that the applicants have to deposit 10% of the alleged amount of misappropriation. Learned advocate for the applicants has referred said orders which are produced on record; f. In the present case also after taking instructions, learned advocate for the applicants submits that the applicants are ready and willing to deposit 10% of the alleged amount of misappropriation. i.e. applicant No.1 shall deposit Rs.32,00,000/ (Rupees Thirty Two Lakhs only) and applicant No.2 shall also deposit Rs.32,00,000/ (Rupees Thirty Two Lakhs only) before the concerned trial Court without prejudice to their rights and contentions within a period of six months from today and shall also file an undertaking of the above effect within one week from today.
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 applicants are ordered to be released on regular bail in connection with FIR being IC.R.No.86 of 2018 registered with Veraval Police Station, GirSomnath on executing a personal bond of Page 3 of 5 Downloaded on : Thu Aug 08 01:36:58 IST 2019 R/CR.MA/13729/2019 ORDER Rs.10,000/ (Rupees Ten 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 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.;
[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;
(h) applicants shall deposit an amount of Rs.32,00,000/ each before the concerned trial Court without prejudice to their rights and contentions within a period of six months from today and shall also file an undertaking of the above effect within one week from today.
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10. The authorities will release the applicants 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.
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 5 of 5 Downloaded on : Thu Aug 08 01:36:58 IST 2019