Allowed

Kirankumar Tribhovanbhai Panchal v. State of Gujarat

Gujarat HC6 Aug 2021CR.MA/7104/2021

Case brief

AI extract

What is this about?

Hon'ble S.H. Vora, J. allowed the application for regular bail under Section 439 CrPC for offences punishable under various sections of IPC. The applicant was ordered to execute a bond of Rs. 10,000 with one surety and deposit Rs. 30 lakhs within 12 months as per specified installments.

What did the court decide?

Application allowed; applicant released on bail upon executing a bond of Rs. 10,000 with one surety and depositing Rs. 30 lakhs within 12 months as per the specified schedule.

Kirankumar Tribhovanbhai Panchal Vs State of Gujarat — Cheating and Forgery | Gujarat HC (2021)

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R/CR.MA/7104/2021 ORDER DATED: 06/08/2021

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 7104 of 2021

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KIRANKUMAR TRIBHOVANBHAI PANCHAL

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Versus

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STATE OF GUJARAT

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========================================================== Appearance:

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MR.D K.PUJ(3836) for the Applicant(s) No. 1 MS MOXA THAKKAR, APP (2) for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE S.H.VORA

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Date : 06/08/2021

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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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This application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. registered at I-C.R.No.11196010200055 of 2020 with DCB Police Station, Vadodara for the offences punishable under Sections 406, 409, 419, 420, 465, 467, 468, 471 and 120(B) of IPC.

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Learned advocate for the applicant at bar that without prejudice to his rights in trial and defence, the applicant will file undertaking to the effect that the applicant will deposit sum of Rs.30 lakhs within 12 months from today and out of Rs.30 lakhs, the applicant would deposit Rs.10 lakhs within one month from the date of his release.

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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/7104/2021 ORDER DATED: 06/08/2021

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Upon hearing submission, following picture emerges on record :-

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(i) Charge sheet is filed.

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(ii) Learned advocate for the applicant states that one offence is pending against the applicant. (iii) 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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(iv) The offences alleged against the applicant are triable by Magisterial Court and considering the pendency before the concerned Magisterial Court, there is no likelihood of commencement and conclusion of trial within near future and therefore, refusal of bail will amount to pre-trial conviction, which is prohibited by law. (v) The applicant has 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 application deserves consideration, but by imposing suitable condition to be observed by the applicant, pending investigation and trial.

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Hence, the application is allowed and the applicant is ordered to be released on bail in connection with F.I.R. registered at I-C.R.No.11196010200055 of 2020 with DCB Police Station, Vadodara City 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 the applicant shall;

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Page 2 of 4

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R/CR.MA/7104/2021 ORDER DATED: 06/08/2021

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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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[f] shall file undertaking within 3 days before this Court and Trial Court after release from the jail as per statement made at bar by learned advocate Mr. Puj for the applicant.

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[g] shall deposit Rs. 30 lakhs with the concerned Trial Court within 12 months from today without prejudice to the right of the applicant in trial and defence, and out of Rs.30 lakhs, the applicant to deposit Rs.10 lakhs within one month from the date of his release. The applicant to deposit remaining Rs.20 lakhs in six equal monthly installment from February, 2022 to August, 2022.

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The competent authority will release the applicant only if the applicant 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 take appropriate action in the matter. Bail bond to be executed before the lower court having jurisdiction to try the

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Page 3 of 4

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R/CR.MA/7104/2021 ORDER DATED: 06/08/2021

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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.

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

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On deposit of amount by the applicant, the concerned learned Trial Court shall deposit the said amount in FDR in any Nationalized Bank initially for two years, which shall be renewed from time time till final disposal of criminal case.

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(S.H.VORA, J)

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SATISH

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Page 4 of 4

Kirankumar Tribhovanbhai Panchal v. State of Gujarat

Case brief

What is this about?

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Kirankumar Tribhovanbhai Panchal v. State of Gujarat

Case brief

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