Mukeshkumar Deepchandbhai Thakkar vs State Of Gujarat

A.J.Desai, J

This successive bail application is 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 â€" 26 of 2018 with Saatalpur Police Station, District Patan, for the offences punishable under Sections 408, 409, 467, 468, 469, 471, 474,

477, 477A, 120-B and 114 of the Indian Penal Code and Section 13 (1) (c) of the Prevention of Corruption Act and Section 66 (d) of the Information

Technology Amendment Act, 2008.

Learned advocate for the applicant submits that the applicant is ready and willing to deposit an amount of Rs.15 Lacs in three monthly installments,

subject to his rights and contentions and hence, considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable

conditions.

The learned APP opposes the grant of bail looking to the nature and gravity of offences.

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

I have heard learned advocates appearing for the parties. Considering the offence as alleged in the FIR and also considering the nature of

allegations made in the FIR and considering the willingness and readiness shown by the applicant to deposit an amount of Rs.15 Lacs with the learned

Trial Court, I am of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and

the applicant is ordered to be released on bail in connection with C.R. No. I â€" 26 of 2018 with Saatalpur Police Station, District Patan, on executing

a bond of Rs.50,000/- (Rupees Fifty Thousand only) with two local sureties of Rs.25,000/- each to the satisfaction of the trial Court and subject to the

conditions that he shall;

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

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

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

[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;

[e] mark presence at the concerned Police Station on every Monday of each English Calendar month for a period of six months and thereafter any

day of the first week of every English calendar month for a period of till the trial is over, between 11.00 a.m. and 2.00 p.m.;

[f] deposit an amount of Rs.15 Lacs with the learned Trial Court in three equal monthly installments i.e. Rs.5 Lacs on or before 15.1.2020, Rs.5 Lacs

on or before 15.2.2020 and thereafter Rs.5 Lacs on or before 15.3.2020;

[g] file an undertaking with this Court as well as the learned Trial Court that he shall deposit the amount of Rs.15 Lacs as per condition No.[f];

[h] furnish the present address of residence to the I.O. and also to the Court at the time of execution of the bond and shall not change the residence

without prior permission of this Court

[i] submit the xerox copy of the receipt of the amount deposited by him with the Investigating Officer as and when the applicant deposits money with

the learned Trial Court;

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. 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 observations of preliminary nature, qua the evidence

at this stage, made by this Court while enlarging the applicant on bail.

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