Gujarat High Court
Kiranbhai Surendrabhai Sheth vs State Of on 18 April, 2013
Author: Anant S.Dave
Bench: Anant S. Dave
KIRANBHAI SURENDRABHAI SHETH....Applicant(s)V/SSTATE OF GUJARAT....Respondent(s) R/CR.MA/4314/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 4314 of 2013 ================================================================ KIRANBHAI SURENDRABHAI SHETH....Applicant(s) Versus STATE OF GUJARAT....Respondent(s) ================================================================ Appearance: M/S THAKKAR ASSOC., ADVOCATE for the Applicant(s) No. 1 MR LR PUJARI, APP for the Respondent(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE Date : 18/04/2013 ORAL ORDER
This application is filed under Section 439 of the Code of Criminal Procedure in connection with First Information Report registered as I-C.R. No. 8 of 2011 with Vadodara City A.C.B. Police Station, for the offences punishable under Sections 7, 12, 13 (1) (a), 13 (2) and 15 of the Prevention of Corruption Act.
Learned Counsel appearing for the applicant submits that now the investigation is over and charge-sheet is filed. In addition to above, there is no evidence as such so far as demand and or acceptance but at the same time material in the form of voice spectrography and event thereon will be in realm of appreciation of evidence by the Trial Court and applicant is having service of 30 years with government department and other attending circumstances, at this stage, a case is made out to grant bail.
Heard learned Additional Public Prosecutor Mr. Pujari for the respondent-State.
Learned Counsels for the parties do not press for further reasoned order.
In the facts of the case, this application is allowed and the applicant is ordered to be released on bail in connection with First Information Report registered as I-C.R. No. 8 of 2011 with Vadodara City A.C.B. Police Station, on executing a bond of Rs.10,000/- (Rupees Ten Thousand Only) with one solvent 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 try to tamper or pressurize the prosecution witnesses or complainant in any manner;
c) not act in a manner injurious to the interest of the prosecution;
d) surrender his passport, if any, to the lower court within a week;
e) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) mark presence at the concerned Police Station on the first Sunday of every month between 10.00 a.m. and 3.00 p.m. for three months only;
g) furnish the present address of his 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;
The authorities will release the applicant only if 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.
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.
Rule is made absolute. Direct Service is permitted.
(ANANT S.DAVE, J.) drashti Page 3 of 3