Shrenik Kirtibhai Sheth vs State Of Gujarat on 28 December, 2018

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Gujarat High Court

Shrenik Kirtibhai Sheth vs State Of Gujarat on 28 December, 2018

Bench: R.P.Dholaria

       R/CR.MA/21896/2018                               ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/CRIMINAL MISC.APPLICATION NO. 21896 of 2018
==========================================================
                  SHRENIK KIRTIBHAI SHETH
                           Versus
                     STATE OF GUJARAT
===============================================================
Appearance:
MR JR DAVE(254) for the PETITIONER(s) No. 1
MR VISHAL J DAVE(6515) for the PETITIONER(s) No. 1
MR ANKUR Y OZA(2821) for the RESPONDENT(s) No. 1
MR TARAK DAMANI(6089) for the RESPONDENT(s) No. 1
MR PRERAK P OZA(8279) for the RESPONDENT(s) No. 1
MS HANSA PUNANI APP for the RESPONDENT(s) No. 1
===============================================================
 CORAM: HONOURABLE MR.JUSTICE R.P.DHOLARIA
                    Date : 28/12/2018
                     ORAL ORDER

1. Duly sworn undertaking of the applicant filed by learned advocate for the applicant is ordered to be taken on record.

2. This successive regular bail application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with the First Information Report being C. R. No. I-78 of 2018 registered with Navrangpura Police Station, Ahmedabad for the offence punishable under Sections 406, 420, 465, 467, 468, 471 and 120B of the Indian Penal Code.

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

4. Learned Additional Public Prosecutor Ms. Hansa Punani for the respondent State and learned advocate Ms. Utsavi Oza for learned advocate Mr. Ankur Oza appearing for the complainant have opposed grant of regular bail looking to the nature and gravity of the offence.

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R/CR.MA/21896/2018 ORDER

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

6 Having heard learned advocates for the respective parties coupled with the aforesaid undertaking, the factual scenario emerging out is that the present applicant is alleged to have failed in repayment of loan amount to the extent of Rs.66,83,255/-. However, in view of aforesaid undertaking, the respondent has agreed to settle the dues if the applicant pays Rs.24 Lacs as indicated in the undertaking as under:-

       Sr. Nos.              Date                         Amount
       1                    25.01.19              5,00,000/-
       2                    25.02.19              5,00,000/-
       3                    25.03.19              5,00,000/-
       4                    25.04.19              5,00,000/-
       5                    25.05.19              4,00,000/-

7. In the above facts and circumstances of the case, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with the First Information Report being C. R. No. I-78 of 2018 registered with Navrangpura Police Station, Ahmedabad on executing a personal bond of Rs.15,000/- (Rupees Fifteen 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;

[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;

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              R/CR.MA/21896/2018                                ORDER



       [d]        not leave the India without prior permission of the
                  Sessions Judge concerned;
       [e]        mark presence before the concerned Police Station on
                  alternate Monday for       a period of three months only,
                  between 10:00 a.m. and 2:00 p.m.;
       [f]        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 this Court;

8. 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.

(R.P.DHOLARIA, J) CHANDRASHEKHAR Page 3 of 3

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