Gujarat High Court
Narendrabhai Manubhai Patel vs State Of on 8 July, 2013
Author: A.J.Desai
Bench: A.J.Desai
NARENDRABHAI MANUBHAI PATEL....Applicant(s)V/SSTATE OF GUJARAT....Respondent(s) R/CR.MA/2351/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 2351 of 2013 ============================================= NARENDRABHAI MANUBHAI PATEL....Applicant(s) Versus STATE OF GUJARAT....Respondent(s) ============================================= Appearance: MR ND NANAVATI, LD SR COUNSEL FOR MR UTPAL M PANCHAL, ADVOCATE for the Applicant MR PARTHIV B SHAH, ADVOCATE for the Respondent(s) No. 1 MS ARCHANA R ACHARYA, ADVOCATE for the Respondent(s) No. 1 MR LB DABHI APP for the Respondent(s) No. 1 ============================================= CORAM: HONOURABLE MR.JUSTICE A.J.DESAI Date : 08/07/2013 ORAL ORDER
Heard Mr.N.D.Nananvati, learned Senior Counsel for Mr. Utpal M. Panchal, learned advocate on behalf of the applicant, Mr. Parthiv B. Shah, learned advocate and Ms. Archana Acharya, learned advocate on behalf of the original complainant and Mr. L.B.Dabhi, learned APP on behalf the respondent State.
2. Mr.N.D.Nananvati, learned Senior Counsel for Mr. Utpal M. Panchal, learned advocate on behalf of the applicant states that the applicant is ready and willing to deposit an amount of Rs. 50,00,000/- (Rupees Fifty Lacs Only) before the Trial Court without prejudice the right and contention, which may be made at the end of the trial.
3. Mr.N.D.Nananvati, learned Senior Counsel for Mr. Utpal M. Panchal, learned advocate on behalf of the applicant, Mr. Parthiv B. Shah, learned advocate and Ms. Archana Acharya, learned advocate on behalf of the original complainant and Mr. L.B.Dabhi, learned APP on behalf of the respondent State requested not to pass reasoned order.
4. Rule.
Mr. Parthiv B. Shah, learned advocate and Ms. Archana Acharya, learned advocate waives service of notice of rule on behalf of original complainant and Mr. L.B.Dabhi, learned APP waives service of notice of Rule on behalf of respondent-State.
5. This application is filed under Section 439 of the Code of Criminal Procedure Code for regular bail in connection with F.I.R. registered at C.R. No. I 17 of 2012 with Udhna Police Station, District Surat for the offences punishable under Sections 406, 409, 420, 120(B), 34, 465, 467, 468 and 471 of the IPC.
6. The learned APP opposes the grant of bail looking to the nature and gravity of offences.
7. I have heard learned advocate appearing for the parties. Charge sheet is filed and perused the papers of investigation and the orders passed by the coordinate bench of this Court dated 7.2.2013 passed in Criminal Misc. Application Nos. 792 of 2013 and 793 of 2013 and keeping in mind the law laid down by the Apex Court in the Case of Sanjay Chandra Vs. CBI, reported in (2012) 1 SCC 40 and Considering the offence as alleged in the FIR and also considering the nature of allegations made in the FIR, I am of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R. No. I 17 of 2012 with Udhna Police Station, District Surat 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 he shall;
[a] deposit an amount of Rs. 10,00,000/- (Rupees Ten Lacs Only) within a period of two weeks from today and thereafter, the remaining amount of Rs. 40,00,000/- (Rupees Forty Lacs Only) shall be deposited before expiry of eight weeks from today before the Trial Court. ;
[b] not take undue advantage of liberty or misuse liberty;
[c] not act in a manner injuries to the interest of the prosecution;
[d] surrender 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 any day of first week of each calender month for a period of six months.;
[g] furnish the present address of residence to the I.O. 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 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.
9. Rule made absolute to the aforesaid extent. Direct service is permitted.
(A.J.DESAI, J.) *Kazi Page 3 of 3