Arvindbhai Perajbhai Thakkar vs State Of Gujarat on 14 December, 2018

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Gujarat High Court

Arvindbhai Perajbhai Thakkar vs State Of Gujarat on 14 December, 2018

Bench: A.J.Desai

R/CR.MA/22657/2018                                              ORDER



     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
             R/CRIMINAL MISC.APPLICATION NO. 22657 of 2018
=============================================
                     ARVINDBHAI PERAJBHAI THAKKAR
                                 Versus
                           STATE OF GUJARAT
=============================================
Appearance:
MR K S CHANDRANI(6674) for the PETITIONER(s) No. 1
MR RAKESH PATEL, ADDL. PUBLIC PROSECUTOR(2) for RESPONDENT(s)
No. 1
=============================================
  CORAM: HONOURABLE MR.JUSTICE A.J.DESAI

                           Date : 14/12/2018
                             ORAL ORDER

1. This successive application is filed under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with an offence being C.R. No.I170 of 2018 registered with 'B' Division Police Station, Rajkot City for the offences punishable under Sections 406, 409, 420, 120B, 465, 468, 471, 201 and 424 and 120B of the Indian Penal Code, 1860.

2. Learned advocate 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.

3. Learned Additional Public Prosecutor appearing on behalf of the respondentState has opposed grant of regular bail looking to the nature and gravity of the offence.

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

5. I have heard learned advocates appearing on behalf of the Page 1 of 3 R/CR.MA/22657/2018 ORDER respective parties and considered the allegations levelled against the applicant and the role played by the applicant. I have also considered the fact that chargesheet is filed and the offences are triable by the learned Magistrate and the applicant is behind the bar since August, 2018. This Court has also taken into consideration the law laid down by the Honble Apex Court in the case of Sanjay Chandra versus Central Bureau of Investigation reported in (2012)1 SCC 40.

6. In the facts and circumstances of the case and considering the nature of allegations made against the applicant in the FIR and considering the fact that investigation is over and chargesheet has been filed and considering the allegations leveled against the present applicant that goods purchased were alleged to have been misappropriated by the other accused, without going into detail at this stage, 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 an offence being C.R. No.I170 of 2018 registered with 'B' Division Police Station, Rajkot City, on executing a personal bond of Rs.25,000/ (Rupees Twentyfive Thousand Only) with one local surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that the applicant shall;

[a] not take undue advantage of liberty or misuse liberty; [b] not act in a manner injurious to the interest of the prosecution;

       [c]      surrender passport, if any, to the lower court within a


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 R/CR.MA/22657/2018                                                  ORDER



                week;
         [d]    not leave the State of Gujarat without prior permission
                of the Sessions Judge concerned;
         [e]    mark presence before the concerned Police Station on

any day of 1st week of each English Calendar Month till the trial is over;

[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;

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.

(A.J. DESAI, J.) Ajay** Page 3 of 3

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