Gujarat High Court
Hadabhai Najabhai Jatiya vs State Of Gujarat on 11 October, 2023
NEUTRAL CITATION
R/CR.MA/18200/2023 ORDER DATED: 11/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 18200 of 2023
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HADABHAI NAJABHAI JATIYA
Versus
STATE OF GUJARAT
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Appearance:
MR ARJUN S RATHOD(12662) for the Applicant(s) No. 1
MR D H BHATTI(13741) for the Applicant(s) No. 1
MR L B DABHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 11/10/2023
ORAL ORDER
1. Rule. Learned APP waives service of notice of Rule on behalf of 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.No. 11203068230353 of 2023 registered with Vanthli Police Station, District Junagadh, for the offences punishable under Sections 406, 409, 422, 477A, 114 of the Indian Penal Code, 1860 and Sections 147(1)(i), 147(1)(j), 147(1)(I), 147(1)(m), 147(1)(o), 147(1)(s), 147(1)(k) and 147(1)(p) of the Gujarat Co- operative Societies Act, 2015.
3. Learned advocate for the applicant submits that considering the nature of offence and role attributed to Page 1 of 4 Downloaded on : Thu Oct 12 20:45:08 IST 2023 NEUTRAL CITATION R/CR.MA/18200/2023 ORDER DATED: 11/10/2023 undefined the applicant, the applicant may be enlarged on regular bail by imposing suitable conditions.
4. The learned APP opposes the grant of bail looking to the nature and gravity of offences.
5. Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.
6. I have heard learned advocates appearing for the parties and perused the papers of investigation. It appears from the record that the investigation is over and Charge- sheet has already been filed. It appears from the papers that the applicant was working as a President of the Co- operative Society in question and the society had procured equipments like tractor and rotavetor which were to be given to the farmers. The applicant along with other co-accused siphoned the amount received by the society by rendering their equipments on rent, which run into Rs.1,23,11,755/-.
7. In the facts and circumstances of the case and considering the nature of allegations made in the FIR and without discussing the evidence in details as well as without going into details, prima-facie, this Court is 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 F.I.R.No. Page 2 of 4 Downloaded on : Thu Oct 12 20:45:08 IST 2023 NEUTRAL CITATION R/CR.MA/18200/2023 ORDER DATED: 11/10/2023 undefined 11203068230353 of 2023 registered with Vanthli Police Station, District Junagadh, 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;
[a] he shall not take undue advantage of liberty or misuse liberty;
[b] he shall not act in a manner injurious to the interest of the prosecution;
[c] he shall surrender passport, if any, to the lower court within a week;
[d] he shall not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[e] he shall 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 concerned shall 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 Page 3 of 4 Downloaded on : Thu Oct 12 20:45:08 IST 2023 NEUTRAL CITATION R/CR.MA/18200/2023 ORDER DATED: 11/10/2023 undefined this stage, made by this Court while enlarging the applicant on bail.
9. Rule made absolute to the aforesaid extent. Direct service is permitted.
(M. R. MENGDEY,J) NABILA Page 4 of 4 Downloaded on : Thu Oct 12 20:45:08 IST 2023