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Gujarat High Court · body

2019 DIGILAW 690 (GUJ)

Sunilbhai Gopalbhai Sorath v. State of Gujarat

2019-07-04

VIPUL M.PANCHOLI

body2019
ORDER : 1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R.No.I-99 of 2018 registered with Prabhas Patan Police Station, Gir Somnath for offence under Sections 406, 408, 409, 417, 418, 420, 465, 466, 468, 471, 114 and 120(B) of the Indian Penal Code. 2. Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions. 3. Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. 4. Learned Advocates appearing on behalf of the respective parties do not press for further reasoned order. 5. Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case, nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. This Court has also considered the aspects that; (i) the applicant is in jail since 9.12.2018; (ii) the investigation is concluded and chargesheet is filed; (iii) it is submitted by learned advocate for the applicant that co-accused Bhagwanbhai Merambhai Nandaniya and Rameshbhai Rajsibhai Zhala have been enlarged on bail by this Court and he has referred to the said orders; (iv) it is observed by this Court in the order dated 9.5.2019 in the case of Rameshbhai Rajsibhai Zala in paragraph 6(c) as under: “it is contended that co-accused Bhagwanbhai Merambhai Nandaniya, has been released on regular bail by this Court vide order dated 08.03.2019 and in the said order, this Court has observed that though in the FIR, it is alleged that there is a misappropriation of amount of Rs.75 lacs, however, in the chargesheet, the alleged amount of misappropriation is Rs.12,71,040/-” (v) learned advocate for the applicant has, under the instructions, submitted that the applicant is ready and willing to deposit Rs.3,00,000/- within a period of eight weeks from the date of his release before the concerned trial Court without prejudice to his rights and contentions; in view of the aforesaid facts and circumstances of the present case, this application is allowed. 6. 6. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra Vs. Central Bureau of Investigation, reported in [2012] 1 SCC 40. 7. Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R.No.I-99 of 2018 registered with Prabhas Patan Police Station, Gir-Somnath on executing a personal 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; [b] not act in a manner injurious to the interest of the prosecution; [c] surrender passport, if any, to the lower court within a week; [d] not leave India without prior permission of the Sessions Judge concerned; [e] mark presence before the concerned Police Station between 1st to 10th day of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.; [f] furnish the present address of 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; (g) shall file an undertaking before the concerned trial Court within a period of one week from the date of his release to the effect that he will deposit Rs.3,00,000/- within a period of eight weeks from the date of his release before the concerned trial Court without prejudice to his rights and contentions; (h) shall abide by the said undertaking. 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. 9. At the trial, the Trial Court shall not be influenced by the prima facie observations made by this Court in the present order. 10. Rule is made absolute to the aforesaid extent. Direct service is permitted.