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2017 DIGILAW 1606 (GUJ)

Dhanuben Wd/o Gemalbhai Keshavbhai Rathod v. State of Gujarat

2017-09-08

R.P.DHOLARIA

body2017
ORDER : R.P. DHOLARIA, J. 1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973 in connection with FIR being CR No. I-23 of 2017, registered with Kim Police Station, Surat for the offences punishable under Sections 465, 467, 468, 471, 406, 420, 120(B) read with Section 114 of the Indian Penal Code. 2. Mr. B.C. Dave, learned advocate appearing for the applicants submits that offence alleged against the present applicants-accused is in the nature of committing cheating while transferring land by way of making power of attorney and the alleged act is based on the documentary evidence and such documentary evidence is already collected during the course of investigation and after conclusion of investigation charge-sheet is filed. He therefore, seeks bail on the grounds that the trial Court would take long time for concluding the matter and no fruitful purpose would be served by keeping the applicants behind bar. 3. Mr. Manan Mehta, APP appearing for the respondents-State has opposed the grant of bail and submits that the applicants have involved in the serious crime of committing bogus documents, cheating and forgery, and, prima facie, it appears that the case is against them. Therefore, they may not be enlarged on bail. 4. Heard learned counsel for the respective parties. 5. In the facts and circumstances of the case and considering the nature of offences and allegations made against the applicants in the FIR and considering the rival submissions made by the learned advocates for the respective parties, it appears that investigation is over and charge-sheet is filed and entire case of the prosecution rests upon the documentary evidence and entire documents are in the custody of the Investigating Agency and therefore, present application is allowed and the applicant are ordered to be released on bail in connection with FIR being CR No. I-23 of 2017, registered with Kim Police Station, Surat, on their executing a personal bond of Rs. 10,000/- (Rupees Ten thousand only) each with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that they shall; (a) not take undue advantage of their liberty or misuse their liberty; (b) not act in a manner prejudicial to the interest of the prosecution; (c) surrender their passport, if any, to the lower court within a week; (d) not leave the State of Gujarat without prior permission of the Sessions Judge concerned; (e) mark their presence before the concerned Police Station on alternate Monday for initial three months and thereafter, on first Monday of every English calendar month, for a period of six months, between 10:00 a.m. and 2:00 p.m. (f) furnish latest address of their 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 this Court; 6. The Authorities will release the applicants only if the applicants are not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, learned Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the learned Lower Court having jurisdiction to try the case. Any observation made in this order is only for considering the application for bail. Rule is made absolute to the aforesaid extent. 7. Direct service is permitted.