Allowed

Dineshkumar S/O Sitaram Bhuchu Mandal v. State of Gujarat

Gujarat HC19 Feb 2020CR.MA/687/2020

Case brief

AI extract

What is this about?

The High Court of Gujarat granted regular bail to the applicant in a case involving cheating, forgery, and cheque dishonour. The court accepted the applicant's readiness to deposit amount and lack of special circumstances against him, applying Sanjay Chandra principles while imposing specific conditions for bail.

What did the court decide?

Grant of regular bail on executing a personal bond of Rs.10,000 with one surety of like amount subject to specified conditions including deposit of Rs.50,000.

Dineshkumar S/O Sitaram Bhuchu Mandal Vs State of Gujarat — Cheque Dishonour | Gujarat HC (2020)

¶1

R/CR.MA/687/2020 ORDER

¶2

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

¶3

R/CRIMINAL MISC.APPLICATION NO. 687 of 2020

¶4

========================================================== DINESHKUMAR S/O SITARAM BHUCHU MANDAL

¶5

Versus STATE OF GUJARAT

¶6

==========================================================

¶7

Appearance: J G THAKOR(7376) for the Applicant(s) No. 1 MR VIVEK V BHAMARE(6710) for the Applicant(s) No. 1 MR RONAK RAVAL, APP for the Respondent(s) No. 1

¶8

==========================================================

¶9

CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

¶10

Date : 19/02/2020

¶11

ORAL ORDER

¶12

This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR registered as C.R. No.I-33 of 2019 registered with Varahi Police Station, Patan for the offence punishable under Sections 406, 420, 419, 120(B), 201, 467, 468, 474 of the Indian Penal Code and under Sections 66(c), 66(d) of the I.T.Act.

¶13

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

¶14

On the other hand, the learned Additional Public Prosecutor appearing for the respondent-State has opposed grant of

¶15

Page 1 of 5

¶16

R/CR.MA/687/2020 ORDER

¶17

regular bail looking to the nature and gravity of the offence.

¶18

Learned Advocates appearing on behalf of the respective parties do not press for a further reasoned order.

¶19

I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered :-

¶20

I) The FIR is registered on 22.09.2019 for the offence which is alleged to have taken place on 25.08.2019;

¶21

II) The applicant is in custody since 10.10.2019; III) The investigation is concluded and charge-sheet is filed; IV) Considering the maximum sentence that can be imposed; V) co-accused has been enlarged on bail;

¶22

VI) instructions of the learned advocate for the applicant that the applicant is ready and willing to to deposit amount of Rs.50,000/ with the trial court;

¶23

VII) Learned Additional Public Prosecutor under the instructions of the Investigating Officer is unable to bring on record any special circumstances against the applicant.

¶24

This Court has taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 SCC 40.

¶25

In the facts and circumstances of the case and considering the

¶26

Page 2 of 5

¶27

R/CR.MA/687/2020 ORDER

¶28

nature of the allegations made against the applicant in the First Information Report, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.

¶29

Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with C.R. No.I-33 of 2019 registered with Varahi Police Station, Patan 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;

¶30

(a) not take undue advantage of liberty or misuse liberty;

¶31

(b) not act in a manner injurious to the interest of the prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;

¶32

¶33

(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;

¶34

(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;

¶35

Page 3 of 5

¶36

R/CR.MA/687/2020 ORDER

¶37

(f) furnish the present address of his 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 Trial Court;

¶38

(g) to deposit amount of Rs.50,000/- with the trial court within a period of four weeks from the date of his release;

¶39

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.

¶40

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.

¶41

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.

¶42

The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct Service is permitted.

Page 4 of 5

(A.Y. KOGJE, J)

URIL RANA

R/CR.MA/687/2020 ORDER

¶47

Page 5 of 5

Dineshkumar S/O Sitaram Bhuchu Mandal v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Dineshkumar S/O Sitaram Bhuchu Mandal v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Meet Pareshbhai Bhatt Vs State of Gujarat

Shaheenbanu Bhikhumiya Malek Vs State of Gujarat

Samarthdan Jethalal Gadhavi Vs State Registrar

Priyanka Priyadarshini Shrikant Pairai Vs State of Gujarat

Vishram @ Vishrambhai Roopasi Bhagora (Deleted) Vs State of Gujarat

Lokesh Dilipbhai Raniya Vs State of Gujarat