Maheshbhai Kantibhai Parmar vs State Of Gujarat

1. This application is filed under Section 439 of the Code of Criminal Procedure Code for regular bail in connection with F.I.R. registered at C.R. No. I - 19 of 2014 with Kothamba Police Station for the offences punishable under Sections 409, 420, 467, 468, 471 and 477(A) of the IPC.

2. Learned advocate for the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

3. The learned APP opposes the grant of bail looking to the nature and gravity of offences.

4. Learned advocates appearing for the respective parties do not invite a reasoned order.

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5. Heard learned advocates appearing for the parties. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra V . Central Bureau Investigation reported in [2012] 1 SCC 40. Considering the offence as alleged in the FIR, which are triable by the learned Magistrate and also considering the nature of allegations made in the FIR, I am 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 C.R. No. I - 19 of 2014 with Kothamba 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;

[b] not act in a manner injuries to the interest of the prosecution;

[c] surrender 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 presence at the concerned police station first week of each English Calender Month for a period of six months;

[f] 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;

6. 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 Page 2 of 3 R/CR.MA/3304/2015 ORDER 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.

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

(A.J.DESAI, J.) *Kazi...

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