Rupeshkumar Prafulchand Sastri vs State Of Gujarat

Sangeeta K. Vishen, J

Rule. Ms. Nisha Thakor, learned Additional Public Prosecutor waives service of Rule on behalf of the respondent State.

The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R.

No.11204021200693 2020 registered with Dakor Police Station, District Kheda, for offence under Section 408 of the Indian Penal Code.

Heard Mr. N.D. Nanavaty, learned senior advocate assisted by Mr.M.A. Kharadi, learned advocate for the applicant and Ms. Nisha Thakor,

learned Additional Public Prosecutor for the respondent State, through video conferencing.

Mr. Nanavaty, learned senior advocate submitted that the offence alleges in the First Information Report is of Section 408 of the Indian Penal

Code; however, the story put in the First Information Report does not satisfy the ingredients of Section 408. It is submitted that the sentence

prescribed is of 7 years and the case is magistrate triable. It is submitted that the alleged incident has taken place in the year 2018, whereas the First

Information Report has been filed in the year 2020 with a delay of almost two years. It is submitted that the amount alleged to have been

misappropriated is to the tune of Rs.5,07,970/- and the applicant is ready and willing to deposit the said amount within a period of two weeks from

today, without prejudice to his rights and contentions. It is submitted that considering the nature of the offence, the applicant may be enlarged on

regular bail by imposing suitable conditions.

Ms. Thakor, learned APP appearing on behalf of the respondent State has opposed grant of regular bail looking to the nature and gravity of the

offence.

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

Having heard the learned advocates for the parties and perusing the material placed on record and taking into consideration the facts of the case,

nature of allegations, gravity of offences, role attributed to the accused, without discussing the evidence in detail, this Court is of the opinion that this is

a fit case to exercise the discretion and enlarge the applicant on regular bail.

This Court has considered aspects viz. (a) the applicant is in Jail since 11.7.2020; (b) remand period is over and substantial part of the investigation

is almost concluded; (c) the case of the prosecution rests on documentary evidence and the documents are collected by the Investigation Agency. In

view of the submissions canvassed by learned senior advocate for the applicant and in view of the facts and circumstances of the present case, so

also the principles enunciated by the Apex Court in the case of Sanjay Chandra vs. Central Bureau of Investigation, reported in (2012) 1 SCC 40, I am

inclined to consider the case of the applicant.

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

No.11204021200693 2020 registered with Dakor Police Station, District Kheda, on executing a personal 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 he shall â€

(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 India without prior permission of the concerned trial court;

(e) mark presence before the concerned Police Station between 1st to 10th day of every English calendar month for a period of six months between

11:00 a.m. and 2:00 p.m.;

(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) deposit an amount of Rs.5,08,000/- within a period of two weeks with the concerned Court, without prejudice to his rights and contentions.

The authorities shall adhere to its own Circular relating to COVID- 19 and, thereafter, 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 prima facie observations made by this Court in the present order.

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

Registry to communicate this order to the concerned court/authority through fax or email, forthwith.