Chetankumar Pranjivandas Asmani vs State Of on 9 December, 2013

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Gujarat High Court

Chetankumar Pranjivandas Asmani vs State Of on 9 December, 2013

Bench: A.J.Desai

  
	 
	 CHETANKUMAR PRANJIVANDAS ASMANI....Applicant(s)V/SSTATE OF GUJARAT....Respondent(s)
	 
	 
	 
	 
	 
	 
	 
	 
	 
	 
	

 
 


	 


	R/CR.MA/19617/2013
	                                                                    
	                           ORDER

 
	  
	  
		 
			 

IN
			THE HIGH COURT OF GUJARAT AT AHMEDABAD
		
	

 


 


 


CRIMINAL MISC.APPLICATION
(FOR REGULAR BAIL) NO. 19617 of 2013
 


 


 

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CHETANKUMAR PRANJIVANDAS
ASMANI....Applicant(s)
 


Versus
 


STATE OF
GUJARAT....Respondent(s)
 

=============================================
 

Appearance:
 

MRPRAVINGONDALIYA,
ADVOCATE for the Applicant(s) No. 1
 

MR
RC KODEKAR APP for the Respondent(s) No. 1
 

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CORAM:
				
				
			
			 
				 

HONOURABLE
				MR.JUSTICE A.J.DESAI
			
		
	

 


 

 


Date : 09/12/2013
 


 

 


ORAL ORDER

1. Heard Mr. Pravin Gondaliya, learned advocate appearing on behalf of applicant and Mr. R.C.Kodekar, learned APP on behalf of respondent State. Rule.

Mr. R.C.Kodekar, learned APP waives service of notice of Rule on behalf of respondent-State.

2. This application is filed under Section 439 of the Code of Criminal Procedure Code for regular bail in connection with F.I.R. registered at C.R.No. 15 of 2013 with Surat ACB Police Station, Surat for the offences punishable under Sections 7, 13(1)(d), 13(2) of the Prevention of Corruption Act.

3. The learned APP opposes the grant of bail looking to the nature and gravity of offences.

4. Perused the papers of investigation and have also considered the judgement delivered by the Hon ble Apex Court in the case of Shobhan Singh Khanka v. State of Jharkhand reported in (2012)4 SCC 684 and considering the offence as alleged in the FIR and also considering the nature of allegations made in the FIR, I am of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R.No. 15 of 2013 with Surat ACB Police Station, Surat on executing a bond of Rs.15,000/- (Rupees Fifteen 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 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;

[e] mark presence at the concerned police station on any day of first week of each English Calender month period of three months.;

[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;

5. 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. 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.

6. Rule made absolute to the aforesaid extent. Direct service is permitted.

(A.J.DESAI, J.) *Kazi Page 2 of 2

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