Munnabhai @ Balvantbhai Ranchhodbhai ... vs State Of Gujarat on 30 August, 2017

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Gujarat High Court

Munnabhai @ Balvantbhai Ranchhodbhai ... vs State Of Gujarat on 30 August, 2017

Bench: G.R.Udhwani

                 R/CR.MA/20372/2017                                                  ORDER




                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 20372 of 2017

         ================================================================
          MUNNABHAI @ BALVANTBHAI RANCHHODBHAI ALGOTAR....Applicant(s)
                                   Versus
                       STATE OF GUJARAT....Respondent(s)
         ================================================================
         Appearance:
         BHUPENDRAKUMAR G CHAVDA, ADVOCATE for the Applicant(s) No. 1
         JAY B TRIVEDI, ADVOCATE for the Applicant(s) No. 1
         MR D V KANSARA, ADVOCATE for the Applicant(s) No. 1
         MS HETVI H SANCHETI, ADVOCATE for the Respondent(s) No. 1
         MS JIRGA JHAVERI ADDITIONAL PUBLIC PROSECUTOR for the
         Respondent(s) No. 1
         ================================================================

          CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI

                                          Date : 30/08/2017


                                           ORAL ORDER

1. Heard learned advocate for the applicant and learned APP for the respondentState and learned advocate for the original complainant.

2. This application is filed seeking bail under Section 439 of the Code of Criminal Procedure, 1973 in respect of the offences punishable under Sections 406, 420, 465, 467, 468, 471, 384, 506(2) and 114 of the Indian Penal Code for which FIR came to be registered at C.R. No.I 23 of 2017 with Anandnagar Police Station.





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                   R/CR.MA/20372/2017                                                ORDER

3. The learned counsel for the petitioner submitted that the petitioner is only a broker and he was introduced to the complainant by his maid servant Geetaben and in the capacity of the broker he had accompanied Naresh Makwana who intended to purchase the property in question. It was contended that beyond that the petitioner has not played any role in the offence in question.

4. While opposing this application learned APP as well as learned counsel for the complainant would contend that a serious offence has been committed by the petitioner by procuring certain material from the complainant and then forging certain documents to the benefit of Naresh Makwana.

5. Having considered the rival contentions and without expressing any opinion in detail as the party do not seek the detailed reasons, in opinion of this Court the case for admitting the petitioner to bail is made out.

6. Hence, this application is allowed and applicant is ordered to be released on bail in connection with CR No. I 23 of 2017 registered with Anandnagar Police Station 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) not take undue advantage of liberty or misuse liberty;



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                     R/CR.MA/20372/2017                                                ORDER

(b) not act in a manner injurious to the interest of the prosecution;

(d) not leave the territory of India without prior permission of the Sessions Judge concerned;

(e) mark presence in the concerned police station once in a calendar month;

(f) not enter into the jurisdiction of Anandnagar Police Station except for marking attendance in the Police Station;

(g) furnish the present address of residence along with the proof to the Investigating Officer concerned and also to the trial court at the time of execution of the bond and shall indicate change of residential address if any to the trial court. 7 The competent authority will release the applicants only if he is not required in connection with any other offence for the time being. 7.1 If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.

7.2 Bail bond to be executed before the lower court having jurisdiction to try the case.

7.3 It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law.



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                    R/CR.MA/20372/2017                                                  ORDER




         7.4     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 applicants on bail.

8. Rule made absolute to the aforesaid extent. Direct service is permitted.

(G.R.UDHWANI, J.) niru* Page 4 of 4 HC-NIC Page 4 of 4 Created On Thu Aug 31 00:53:43 IST 2017

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