Gujarat High Court
Sachin Gulabbhai Parmar vs State Of Gujarat on 21 November, 2017
Author: S.H.Vora
Bench: S.H.Vora
R/CR.MA/27885/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 27885 of 2017
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SACHIN GULABBHAI PARMAR....Applicant(s)
Versus
STATE OF GUJARAT....Respondent(s)
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Appearance:
MR. HARDIK J JANI, ADVOCATE for the Applicant(s) No. 1
MR LB DABHI, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 21/11/2017
ORAL ORDER
1. Heard learned advocate, for the applicant and learned APP, for the respondent-State.
2. This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R. No. I - 33/2017 with Bharatnagar Police Station, Bhavnagar for the offences punishable under Sections 489 (A) (B) (C) (D), 34, 201 and 114 of the IPC.
3. Briefly stated facts are that an Informant and other officers got a tiff-off about fake currency notes being pritned at Madhav Residency Flat at Bhavnagar. The informant and his co-staff raided the premises where they found three Page 1 of 3 HC-NIC Page 1 of 3 Created On Wed Nov 22 01:53:41 IST 2017 R/CR.MA/27885/2017 ORDER persons (original accused no.1, 2 and 3) with fake currency notes of Rs. 500/- with muddamal articles and recovered it from the spot. It is alleged in the FIR that the applicant was named by the co-accused before the police during the course of investigation.
4. Considering the chargesheet papers supplied during the course of hearing, it appears that it is the case of prosecution that the applicant was imparting knowledge to the other co- accused about how to manufacture/print fake notes. It is stated at bar by learned APP that relevant computer, printer etc. is seized by investigating agency, but there is no evidence to the effect that the fake currency notes were actually manufactured/printed in the computer/printer seized from the flat and thus prosecution rests on the fact that the applicant imparted knowledge to the co-accused to print/manufacture fake notes. Such allegation is based on the statement of co- accused and therefore, present application deserves consideration.
5. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No. I - 33/2017 with Bharatnagar Police Station, Bhavnagar 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 the applicant shall;
[a] not take undue advantage of liberty or misuse liberty;
[b] not act in a manner injurious to the interest of
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R/CR.MA/27885/2017 ORDER
the prosecution;
[c] not leave the territory of India without prior
permission of the Sessions Judge concerned;
[d] appear before the Investigation Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly;
[e] furnish the present address of residence along with the proof to the I.O. concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Sessions Court concerned;
6. The Competent Authority will release the applicant only if the applicant 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 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.
7. Rule made absolute to the aforesaid extent. Direct service is permitted.
(S.H.VORA, J.) Tausif Page 3 of 3 HC-NIC Page 3 of 3 Created On Wed Nov 22 01:53:41 IST 2017