Mukundbhai Virambhai Patel vs State Of Gujarat on 11 December, 2019

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Gujarat High Court

Mukundbhai Virambhai Patel vs State Of Gujarat on 11 December, 2019

Bench: A.Y. Kogje

       R/CR.MA/20871/2019                                        ORDER



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/CRIMINAL MISC.APPLICATION NO. 20871 of 2019
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                MUKUNDBHAI VIRAMBHAI PATEL
                           Versus
                     STATE OF GUJARAT
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Appearance:
MR MANISH J PATEL(2131) for the Applicant(s) No. 1
MR.L.B.DABHI, APP, (2) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

                            Date : 11/12/2019
                             ORAL ORDER

1. This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R. No.I-08 of 2019 with Vadodara City ACB Police Station, Vadodara for the offence punishable under Sections 7(a) of the Prevention of Corruption Act.

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. On the other hand, the learned Additional Public Prosecutor appearing for the respondent-State 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 a further reasoned order.

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R/CR.MA/20871/2019 ORDER

5. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered :-

I) The First Information Report is registered on 01.09.2019 for the offence which is alleged to have taken place on 31.08.2019.

II)The applicant is in custody since 31.08.2019.

III) The investigation is concluded and charge-sheet is filled.

IV) Considering the maximum sentence that can be imposed.

V) The applicant is a Government servant.

VI) Learned advocate, under the instructions, states that the applicant is ready and willing to co-operate even after being released on bail insofar as voice spectrography is concerned.

VII)Learned Additional Public Prosecutor under the instructions of the Investigating Officer is unable to bring on record any special circumstances against the applicant.

6. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report, 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.

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R/CR.MA/20871/2019 ORDER

7. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with C.R. No.I-08 of 2019 with Vadodara City ACB Police Station, Vadodara on executing a personal 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 he shall;

(a) not take undue advantage of liberty or misuse liberty;

(b) not act in a manner injurious to the interest of the prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;

(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;

(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;

(f) 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 Trial 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.

9. Bail bond to be executed before the lower Court having jurisdiction to try the case. It will be open for the concerned Page 3 of 4 Downloaded on : Sat Dec 14 01:09:40 IST 2019 R/CR.MA/20871/2019 ORDER Court to delete, modify and/or relax any of the above conditions, in accordance with law.

10. 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.

11. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct Service is permitted.

(A.Y. KOGJE, J) Siddharth Page 4 of 4 Downloaded on : Sat Dec 14 01:09:40 IST 2019

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