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2017 DIGILAW 1543 (GUJ)

Babubhai Shivabhai Mali v. State of Gujarat

2017-09-04

S.H.VORA

body2017
ORDER : S.H VORA, J. 1. Heard Mr. Hemant Raval, learned advocate, for the applicant and Ms. Moxa Thakkar, learned APP, for the respondent-State. 2. This successive 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 - 34/2016 with D.C.B Police Station, Ahmedabad for the offences punishable under Sections 120(B), 177, 191, 192, 196, 200, 405, 409, 415, 416, 420, 463, 467, 468, 471 of the IPC and Sections 85(1), (B), (C), (E), (F), (G), 85(2), (J) 11(7), 66 of Gujarat Vat Act and Sections 65, 66(C), (D) of the Information Technology Act. 3. Considering the charge-sheet papers supplied by learned APP during the course of hearing and also statement of one Mr. Nishant Jain recorded on 20.03.2017, it appears that there is no identification of the person who collected sum of Rs. 5 lacs from the said witness at the instance of the present applicant. The investigation is complete and entire documentary evidence is in the custody of the investigating agency. Therefore, there is no likelihood of tempering with the evidence and fleeing from justice. The offence is triable by Magisterial Court and considering the pendency before the concerned Magisterial Court, there is no likelihood of commencement and conclusion of trial within near future and therefore, refusal of bail at this stage will amount to pre-trial conviction, which is prohibited by law. Therefore, the application requires consideration. 4. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R No. I-34/2016 with D.C.B Police Station, Ahmedabad, on executing a bond of Rs. Therefore, the application requires consideration. 4. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R No. I-34/2016 with D.C.B Police Station, Ahmedabad, on executing a bond of Rs. 25,000/- (Rupees Twenty Five 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 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; 5. 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. 6. Rule made absolute to the aforesaid extent. Direct service is permitted.