Gujarat High Court
Hiteshbhai vs State on 4 March, 2010
Author: H.B.Antani
Bench: H.B.Antani
Gujarat High Court Case Information System
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CR.MA/1380/2010 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1380 of 2010
=========================================================
HITESHBHAI
DEVENDRABHAI GUPTA
Versus
STATE
OF GUJARAT
=========================================================
Appearance :
MR
PP MAJMUDAR for Applicant.
MR HL JANI, ADDL. PUBLIC PROSECUTOR for
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 04/03/2010
ORAL
ORDER
1. This application is preferred under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail by the applicants, who came to be arrested in connection with FIR registered as C.R. No. I-2 of 2010 with Bardoli Police Station, Dist. Surat for the offence punishable under Sections 420, 465, 467, 468, 471 and 114 of the Indian Penal Code.
2. Learned advocate Mr. Majmudar submitted that the applicant is an innocent person and he has been falsely implicated in the commission of the alleged offence. He further submitted that the name of applicant is not mentioned in the FIR and he is sought to be implicated on the basis of the statement of the co-accused. He further submitted that the applicant is not the beneficiary and the cheque in question, which is to the tune of Rs.25 lakhs, is not accepted by the Bank for clearance, and hence no financial loss is caused to anyone. He therefore submitted that this is a fit case to release the applicant on regular bail.
3. Learned Addl. Public Prosecutor Mr. Jani while opposing bail application submitted that considering the role played by the applicant and the manner in which the offence is committed, discretionary relief may not be exercised in favour of the applicant, and the application deserves to be dismissed.
4. Heard learned advocate Mr. Majmudar for the applicant and Mr. Jani, learned APP. I have also perused the averments made in the application as well as the FIR produced on record. The applicant does not seem to be the main culprit. Considering the facts and the quantum of punishment for the offences alleged in the FIR, I am of the view that the the applicant is required to be enlarged on regular bail at this stage, without entering into the merits of the case and without discussing the evidence in detail.
5. The parties do not press for further reasoned order.
6. In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be enlarged on bail in connection with C.R. No. I-2 of 2010 with Bardoli Police Station, Dist. Surat on executing a 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 his liberty or abuse his liberty;
[b]. not act in a manner injurious to the interest of the prosecution;
[c]. surrender his passport, if any, to the lower court within a week;
[d]. not leave the State of Gujarat without the prior permission of the Sessions court concerned;
[e]. mark his presence at Bardoli Police Station on any day of every first week of English calendar month between 9.00 AM and 2.00 PM. till the trial is over;
[f]. furnish the present address of his residence to the I.O. and also to the Court at the time of execution of the bond and shall not change his residence without prior permission of this Court;
[g]. maintain law and order.
7. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or to take appropriate action in the matter.
8. Bail bond to be executed before the lower Court having jurisdiction to try the case.
9. 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 applicant on bail.
10. Rule is made absolute to the aforesaid extent.
11. Direct Service is permitted.
mathew [H.B.ANTANI,
J.]
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