Pravinbhai Shivjibhai Sutarsandiya vs State Of Gujarat

Nirzar S. Desai, J

Heard learned advocate Mr. Vicky B. Mehta for the applicant and learned Additional Public Prosecutor Mr. H. K. Patel for the respondent – State.

This application is filed under Section 439 of the Code of Criminal Procedure, 1973 by the applicant for regular bail in connection with the FIR registered at C.R. No.11211045200032 of 2020 with Sayla Police Station, District:- Surendranagar for the offences punishable under Sections 409, 420, 465, 467, 468, 474, 477 (A), 471 of the Indian Penal Code and Section 66 C and 66 D of the Information and Technology Act, 2000.

Learned advocate for the applicant submitted that, the applicant is not involved in commission of offence as alleged in the FIR and therefore, looking to the role of the applicant and nature of the allegations, the applicant is required to be enlarged on regular bail by imposing suitable terms and conditions.

On the other hand, learned APP appearing for the respondent – State opposed grant of regular bail looking to the nature and gravity of the offence.

I have heard the learned advocates appearing on behalf of the respective parties and perused the papers.

In the facts and circumstances of the case and considering the 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. Following aspects are considered :-

i. Investigation is over and the Charge-sheet is filed.

ii. The applicant is in jail since 05.07.2020.

iii. Out of total amount which is alleged to have misappropriated i.e. Rs.31,03,000/-, according to learned advocate Mr. Mehta around Rs.19,00,000/- are already recovered.

iv. There are no other past antecedents registered against the present applicant.

In view of the aforesaid facts, without discussing the evidence in detail, this Court, prima facie, is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail. Hence, present application is allowed and the applicant is ordered to be released on regular bail in connection with the FIR registered at C.R. No.11211045200032 of 2020 with Sayla Police Station, District:- Surendranagar on executing personal bond of Rs.10,000/- (Rupees Ten thousand only) with one surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that the applicant shall;

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

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

[c] not leave State of Gujarat till the trial is over without prior permission of the Trial Court concerned except for the purpose of attending the trial proceedings;

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

[e] furnish the present as well as latest address of residence along with the proof to the Investigating Officer concerned and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the Trial Court concerned;

[f] mark presence before the concerned Police Station once in a month between 11.00 a.m. and 2.00 p.m, till the trial is over;

The Authorities 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 issue warrant or take appropriate action in the matter.

Bail bond to be executed before the learned 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, learned 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.

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