Allowed

Susheel Dhanpat Rai Meena v. State of Gujarat

Gujarat HC3 Aug 2021CR.MA/10286/2021

Case brief

AI extract

What is this about?

The Court allowed regular bail applications filed under Section 439 CrPC for offences under IPC and the Gujarat Protection of Interest of Depositors Act. Bail was granted subject to specific conditions, including execution of a bond and compliance with investigation requirements.

What did the court decide?

An order granting bail to applicants on execution of a bond of Rs. 20,000 each with one surety of the like amount.

Susheel Dhanpat Rai Meena Vs State of Gujarat — Bail and Remand | Gujarat HC (2021)

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R/CR.MA/10286/2021 ORDER DATED: 03/08/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 10286 of 2021 With R/CRIMINAL MISC.APPLICATION NO. 10298 of 2021

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SUSHEEL DHANPAT RAI MEENA

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Versus

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STATE OF GUJARAT

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Appearance in Cr.M.A. No.10286 of 2021:

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MR RITURAJ M MEENA(3224) for the Applicant(s) No. 1 ARCHANABEN B GOSWAMI(8154) for the Respondent(s) No. 1 MR MAHENDRA U VORA(3034) for the Respondent(s) No. 1 MS MOXA THAKKAR, APP (2) for the Respondent(s) No. 1 RULE SERVED(64) for the Respondent(s) No. 2 Appearance in Cr.M.A. No.10298 of 2021:

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MR HARSHIT S TOLIA for the Applicant(s) No. 1 ARCHANABEN B GOSWAMI(8154) for the Respondent(s) No. 1 MR MAHENDRA U VORA(3034) for the Respondent(s) No. 1 MS MOXA THAKKAR, APP (2) for the Respondent(s) No. 1 RULE SERVED(64) for the Respondent(s) No. 2

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CORAM: HONOURABLE MR. JUSTICE S.H.VORA

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Date : 03/08/2021

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ORAL ORDER

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Heard learned advocate, for the applicant and learned APP, for the respondent-State through V.C.

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The applications are filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at C.R.No.I-95 of 2019 with Palanpur West Police Station, Banaskantha for the offences punishable under Sections 406, 409, 420, 465, 467, 468, 471 and 114 of IPC and under section 3 of the Gujarat Protection of Interest of Depositors (In Financial Establishment) Act, 2003.

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Heard and examined the papers placed for consideration in support of the submission made at bar.

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Page 1 of 4

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R/CR.MA/10286/2021 ORDER DATED: 03/08/2021

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Upon hearing submission, following picture emerges on record :-

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(i) Substantial investigation is over.

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(ii) Affidavit in reply filed by the original complainant annexed at page no.228 (Cr.M.A. No.10298 of 2021) is considered and in para 28 thereof, it appears that there is money flow between the applicants and the complainant and according to the complainant the complainant is yet to receive Rs.2,94,52,670/-. The Skill Development Programme under which parties to the proceedings executed MOU had various transactions and ultimately there is difference on account of outstanding amount against each other.

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(iii) The complainant is also facing criminal complaint being C.R.No.1282 of 2019 registered with Sanganer Police Station, Jaipur annexed at page no.142 (Cri.M.A.No.10298 of 2021)

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(iv) All the incriminating material is in the custody of the investigating agency and therefore, there is no likelihood or possibility of tampering the evidence.

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(v) The applicants have deep root in the society, no apprehension as to flee away or escape trial or tempering with the evidence /witnesses is expressed.

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(vi) In view of above position emerging at the end of hearing, the applications deserve consideration, but by imposing suitable condition to be observed by the applicants, pending investigation and trial.

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Page 2 of 4

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R/CR.MA/10286/2021 ORDER DATED: 03/08/2021

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Hence, the applications are allowed and the applicants are ordered to be released on bail in connection with F.I.R. registered at C.R.No.I-95 of 2019 with Palanpur West Police Station, Banaskantha on executing a bond of Rs.20,000/(Rupees Twenty Thousand only) each with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that the applicants shall;

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[a] not take undue advantage of liberty or misuse liberty;

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

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[c] not leave the territory of India without prior permission of the Sessions Judge concerned;

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[d] appear before the Investigation Officer concerned, as and when required for investigation purpose and attend the Court concerned regularly.

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[e] furnish the present address of residence along with the proof to the I.O. concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of Sessions Court concerned;

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The competent authority 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, the Sessions Judge concerned will be free to 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. At the trial, the trial court shall not be influenced by the

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Page 3 of 4

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R/CR.MA/10286/2021 ORDER DATED: 03/08/2021

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observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicants on bail.

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