Tapas Govind Mandal vs State Of Gujarat on 28 September, 2022

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Gujarat High Court

Tapas Govind Mandal vs State Of Gujarat on 28 September, 2022

Bench: Ilesh J. Vora

     R/CR.MA/13904/2022                                    ORDER DATED: 28/09/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
             R/CRIMINAL MISC.APPLICATION NO. 13904 of 2022
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                             TAPAS GOVIND MANDAL
                                     Versus
                               STATE OF GUJARAT
==========================================================
Appearance:
MR CHETAN B RAVAL(2090) for the Applicant(s) No. 1
VAIBHAVI D RAVAL(8466) for the Applicant(s) No. 1
MR DIPEN DESAI(2481) for the Respondent(s) No. 1
MRS KRINA CALLA, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                                Date : 28/09/2022
                                 ORAL ORDER

1. The applicant, by way of this application filed under Section 439 of the Code of Criminal Procedure, seeks regular bail in connection with the FIR being C.R. No.I-123 of 2019 registered with Kalupur Police Station, Dist. Ahmedabad City, for the offences punishable under Sections 406 and 420 of the IPC and Section 4 of Cheats & Money Circulation Act and Section 3 of the Gujarat Protection of Interest of Depositors (In Financial Establishments) Act.

2. It is the submission of learned counsel for the applicant that he is suffering confinement since 20.11.2021 and charge- sheet has already been filed. Hence, further detention of the applicant is unwarranted.

3. Mrs. Krina Calla, learned APP for the respondent-State as well as Mr. Dipen Desai, learned advocate for the original complainant have opposed the bail application contending that, considering the conduct of the applicant and nature of accusation, the discretion may not be exercised in favour of Page 1 of 3 Downloaded on : Thu Sep 29 21:23:00 IST 2022 R/CR.MA/13904/2022 ORDER DATED: 28/09/2022 the applicant.

4. Heard Mr. Chetan B. Raval, learned advocate for the applicant, Mrs. Krina Calla, learned APP for the respondent- State and Mr. Dipen Desai, learned advocate for the original complainant.

5. Having heard learned advocates appearing for the respective parties and upon perusal of the material placed on record, it appears that, 503.590 gram gold has been recovered from the applicant herein. The applicant is in custody since 20.11.2021. After filing of charge-sheet, trial of the case is not likely to conclude in near future. Learned advocate for the applicant, on instructions, states that, the applicant is doing his business in Ahmedabad itself and shall not leave the State of Gujarat till trial is over. In such circumstances, without discussing anything on the merits of the case, imposing stringent conditions, I am inclined to release the applicant on bail.

6. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR being C.R. No.I-123 of 2019 registered with Kalupur Police Station, Dist. Ahmedabad City, 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 learned Trial Court and subject to the conditions that he shall;

No. Conditions

(a) not take undue advantage of liberty or misuse liberty;

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R/CR.MA/13904/2022 ORDER DATED: 28/09/2022

(b) not act in a manner injuries to the interest of the prosecution;

(d) not leave India without prior permission of the Sessions Judge concerned;

(e) furnish latest 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 the trial Court;

         (f)    not       leave      the    State        of     Gujarat           till
                conclusion of trial;

7. 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 learned 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, learned 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. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(ILESH J. VORA,J) TAUSIF SAIYED Page 3 of 3 Downloaded on : Thu Sep 29 21:23:00 IST 2022

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