Hanif Ratikha Saiyed vs State Of Gujarat

Gita Gopi, J

RULE. Ms. Nisha Thakore, learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent State.

This application has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with the complaint being C. R.

No. Part A â€" 11210005201893 of 2020 registered with Athvalines Police Station, Surat for offences punishable under Sections 420 and 120B of the

Indian Penal Code read with Sections 65, 66 and 66(C) of the I. T. Act, 2000.

Mr. Vaibhav Sheth, learned advocate for the applicants submitted that three FIRs were filed at the same time against the present applicants for the

allegation of ATM fraud and in the present case, the allegation is of Canara Bank ATM in which the amount involved in the transaction is

Rs.7,45,500/-. Learned advocate further submitted that the applicants have been granted bail in connection with the two FIRs registered at Adajan

Police Station and Icchapor Police Station. Learned advocate also submitted that in the present matter, Rs.50,000/-was recovered from applicant No.1

and Rs.30,000/- from applicant No.2 by way of panchnama by the police. It was, therefore, prayed that the present application may be allowed and

the applicants herein may be released on regular bail.

Ms. Nisha Thakore, learned Additional Public Prosecutor raised a issue of public money involved in the fraud and prayed that no discretion may be

exercised in favour of the applicants. Learned APP submitted that the bail granted in other two cases cannot be considered for parity because the

settlement was arrived at with the complainant Canara Bank of that cases. Learned APP further submitted that if the applicants are released on bail,

they would continue with this illegal activity which would ultimately affect the public at large.

On the issue of public money raised by learned APP, learned advocate Mr. Sheth under the instructions submitted that the applicants are ready and

willing to deposit Rs.2.50 Lacs before the trial court.

Heard learned advocates on both the sides and perused the material on record. Taking into consideration (i) the applicants have been granted bail in

connection with other two FIRs (ii) part of the amount to the extent of Rs.80,000/- has been recovered from the applicants by way of panchanama (iii)

applicants are ready and willing to deposit Rs.2.50 Lacs before the learned trial court (iv) the trial will take its own time to conclude and (v)

incarceration would amount to pre-trial conviction, this Court finds this to be a fit case where discretion could be exercised in favour of the applicants.

Hence, the present application is allowed. The applicants are ordered to be released on regular bail in connection with the complaint being C. R.

No. Part A â€" 11210005201893 of 2020 registered with Athvalines Police Station, Surat on executing a personal bond of Rs.10,000/- (Rupees Ten

Thousand only) each with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they shall;

[a] deposit Rs.2.50 Lacs before the learned trial court within a period of five months without prejudice to their rights and contentions and the Canara

Bank shall be permitted to withdraw the said amount.

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

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

[d] surrender passport, if any, to the lower court within a week;

[e] not leave India without prior permission of the concerned trial court;

[f] furnish the present address of 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 the concerned trial court'

[g] shall not indulge into any such illegal activity during the pendency of the trial;

The authorities shall adhere to its own Circular relating to COVID- 19 and, thereafter, will release the applicants only if they 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 issue warrant or take appropriate action in the matter. Bail bond to be executed before the lower Court having jurisdiction to try the case.

Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by

Fax or Email forthwith.