Allowed

Ghanshyambhai Lakshmanbhai Patel v. State of Gujarat

Gujarat HC23 Oct 2018CR.MA/19375/2018

Case brief

AI extract

What is this about?

The High Court allowed a successive bail application under Section 439 CrPC. Considering the case involved Sections 406 and 420 IPC, a chargesheet was filed, and the applicant agreed to deposit the amount, the petitioner was released on regular bail subject to stringent conditions.

What did the court decide?

The application was allowed; the applicant is released on regular bail with orders to deposit Rs. 20,00,000/- in four instalments to the Trial Court.

Ghanshyambhai Lakshmanbhai Patel Vs State of Gujarat — Bail and Remand | Gujarat HC (2018)

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R/CR.MA/19375/2018 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 19375 of 2018

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GHANSHYAMBHAI LAKSHMANBHAI PATEL

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Versus

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STATE OF GUJARAT

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Appearance:

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MR RATHIN P RAVAL(5013) for the PETITIONER(s) No. 1 MS KRINA CALLA, ADDL. PUBLIC PROSECUTOR(2) for the RESPONDENT(s) No. 1

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CORAM: HONOURABLE MS JUSTICE SONIA GOKANI Date : 23/10/2018 ORAL ORDER

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By way of present successive application

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preferred under Section 439 of the Code of
Criminal Procedure, 1973, the applicant has

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prayed for regular bail in connection with I-

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C.R.No.10 of 2018 registered with Chalala
Police Station, District Amreli, for the
offences punishable under sections 406 and
420 of the Indian Penal Code. The earlier
application for regular bail of the present
applicant was preferred being Criminal Misc.
Application No.11339 of 2018, which came to
be withdrawn with a liberty to approach the
concerned Court since, the same was prior to
the filing of the chargesheet. The applicant

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Page 1 of 7

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R/CR.MA/19375/2018 ORDER

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had moved the Sessions Court and after
nonacceptance of his request of release, this
successive bail application has been
preferred.

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This Court has heard learned advocate, Mr.Rathin Raval appearing for the applicant who has urged that the case is triable by the Court of learned Judicial Magistrate First Class for the offence punishable under

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Sections 406 and 420 of the Indian Penal
Code. He has further urged that for the
offence between 24th April, 2018 to 14th May,
2018 the revelation is belated of 14th May,
2018. He has further urged that police could
recover during the course of investigation
the sum of Rs.6.45 Lakh (Rupees Six Lakh
Forty Five Thousand Only). The total amount
alleged to be due is of Rs.32 Lakh (Rupees
Thirty Two Lakh Only). The applicant is ready
to abide by the stricter conditions as may be

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imposed by the Court, which may include the

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Page 2 of 7

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R/CR.MA/19375/2018 ORDER

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deposit of reasonable amount subject to the
Court granting time to the applicant. He has
further urged that the chargesheet since has
been filed, there is no likely hood of any
tampering with the evidence and the case is
initially based on the documentary evidence.

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3.LearnedAdditionalPublic Prosecutor,

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Ms.Krina Calla appearing for respondent-State

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has fairly submitted that there is no
criminal antecedent of the applicant. She has
pointed out that there are couple of criminal
cases under Section 138 of the Negotiable
Act.

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4. This Court notices that the case is triable

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by the Court of learned Judicial Magistrate
First Class and the charges being of Sections
406 and 420 of the Indian Penal Code, it is
likely to take a long time before the trial
gets concluded. It is also needed to be
mentioned that the police has recovered the
sum of Rs.6.45 Lakh (Rupees Six Lakh Forty

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Page 3 of 7

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R/CR.MA/19375/2018 ORDER

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Five Thousand Only) during the course of
investigation. However, the total amount
alleged to have been stated is of Rs.32 Lakh
(Rupees Thirty Two Lakh Only). Bearing in
mind the nature of offence, the alleged role

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prima facie is emerging on record and the modus in which the crime has been committed, it would be in the fitness of the things to direct with certain stringent conditions, this application is to be allowed as chargesheet is already filed and considering the voluntariness of the applicant to deposit

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the amount.

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5. For the foregoing reasons, the present

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application is allowed and the applicant is
ordered to be released on regular bail in
connection with I-C.R.No.10 of 2018

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registered with Chalala Police Station,
District Amreli, on his executing two solvent

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sureties of Rs.25,000/- (Rupees Twenty Five
Thousand only) with one surety of the like

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Page 4 of 7

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R/CR.MA/19375/2018 ORDER

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amount to the satisfaction of the Trial Court
and subject to the conditions that he shall :

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[a] not take undue advantage of liberty or
misuse liberty; and shall not indulge into
any activity which is against the law,
especially the offence of similar nature;

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[b] deposit the amount of Rs.20,00,000/-
(Rupees Twenty Lakh Only) before the Trial
Court;

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[c]the said amount shall be deposited
in the following manner:

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The applicant shall deposit first
instalment of Rs.5,00,000/- (Rupees Five
Lakh Only) on or before 01.11.2018; second
instalment of Rs.5,00,000/- (Rupees Five
Lakh Only) on or before 15.11.2018; third
instalment of Rs.5,00,000/- (Rupees Five
Lakh Only) on or before 30.11.2018; and
fourth instalment of Rs.5,00,000/- (Rupees
Five Lakh Only) on or before 30.12.2018;

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Page 5 of 7

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R/CR.MA/19375/2018 ORDER

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[d] not tamper with the evidence or hamper
the prosecution witnesses and shall not
act in a manner injurious to the interest
of the prosecution;

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[e] surrender passport, if any, to the
Trial Court within a week from the date of
his actual release;

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[f] not leave the State of Gujarat without
prior permission of this Court;

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[g] mark presence before the concerned
Police Station between 11:00 a.m. and
02:00 p.m. on every first and third
Mondays of the English calendar month till
the trial is over;

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[h] furnish the present address of his
residence to (i) the Investigating Officer
and also (ii) the trial Court, at the time
of execution of the bond and shall not
change the residence without prior
permission of this Court;

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Page 6 of 7

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R/CR.MA/19375/2018 ORDER

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6.The authorities will release the applicant only if he is not required in connection with any other offence for the time being.

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7.If breach of any of the above conditions is committed, the trial Court concerned will be at liberty to issue warrant or take appropriate action in the matter and even the Investigating Officer will be at liberty to approach this Court for cancellation of bail in case of breach of any such condition.

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8.Bail bond be executed before the Trial Court having jurisdiction to try the case.

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9.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.

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10. Rule is made absolute to the extent

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aforesaid. Direct service is permitted.

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(MS SONIA GOKANI, J)

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M.M.MIRZA

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Page 7 of 7

Ghanshyambhai Lakshmanbhai Patel v. State of Gujarat

Case brief

What is this about?

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Ghanshyambhai Lakshmanbhai Patel v. State of Gujarat

Case brief

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