Chandrasinh @ Girubhai Kesrisinh Hada vs State Of Gujarat

A.Y. Kogje, J

This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in connection with FIR

registered as C.R. No.I-24 of 2019 with Virpur Police Station, Rajkot Rural for the offence punishable under Sections 306 and 114 of the Indian Penal

Code and under Sections 5, 40 and 42 of the Gujarat Money Lenders Act.

Learned advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail

by imposing suitable conditions.

On the other hand, the learned Additional Public Prosecutor appearing for 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 a further reasoned order.

I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered :-

I) The First Information Report is registered on 22.10.2019 for the offence which is alleged to have taken place on 22.10.2019.

II) The applicant is in custody since 23.10.2019.

III) The investigation qua the applicant is concluded as the remand period is over.

IV) Submission of learned advocate for the applicant is that the applicant had lent amount to the deceased for the purpose of construction of mall and

thereafter, apparently no amount has been returned.

V) The Submission of learned advocate for the applicant is that as admittedly the deceased and his family members have received the money from the

applicant, the applicant was legitimately pursuing his right to recover and in that process cheques issued to the deceased were dishonoured for which

the applicant had given notice under the provisions of Section 138 of the Negotiable Instrument Act to which the deceased or family members have

not cared to even reply.

VI) On perusal of the investigation case papers, it is apparent that the applicant had made a list of the individuals from whom he has received money

and such list runs into more than 20 persons and the amount is also Rs.3,40,00,000/- as on date.

VI) The fact that the deceased owed money to more than 20 persons and the FIR names only about four such persons is indicative of the fact that

only those names are given in the FIR, who had resorted to any proceedings for recovery.

VII) No antecedent is reported against the applicant.

IX) Learned Additional Public Prosecutor under the instructions of the Investigating Officer is unable to bring on record any special circumstances

against the applicant.

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.

Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with C.R. No.I-24 of 2019 with

Virpur Police Station, Rajkot Rural 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;

(a) not take undue advantage of liberty or misuse liberty;

(b) not act in a manner injurious to the interest of the prosecution & 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) surrender passport, if any, to the Trial Court within a week;

(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;

(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;

(f) furnish the present address of his 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 Trial Court;

(I) not to enter Taluka Jetpur till filing of charge-sheet except marking presence and attending the trial.

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.

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