Kapilbhai Parshotambhai Kothiya vs State Of Gujarat

A.S. Supehia, 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.-I No.11210015210076 of 2021 with DCB Police Station, Surat City for the offences punishable under Sections 406, 420, 465, 467,

468, 471, 114 and 120B of the Indian Penal Code, 1860.

At the outset, learned advocates appearing for the respective parties have submitted that the parties have entered into settlement.

At the outset, learned advocate Ms.Kruti M Shah, appearing for the applicant has submitted that the applicant is already granted interim bail vide

order dated 17.12.2021, as the settlement was going on between the parties. Now the parties have arrived at the settlement and the applicant is ready

and willing to pay an amount of Rs.72,00,000/- in four equal monthly installments. Learned advocate has further submitted that the applicant has

already given a cheque of Rs.18,00,000/- to the respondent Bank and rest of the amount will be deposited in equal installments as per the settlement.

She has further submitted that last installment will be deposited in the month of April, 2022.

Learned advocate Mr.Krunal Bhatt, for learned advocate Mr.Amar Bhatt, for the respondent Bank has submitted that the applicant has agreed to

pay total amount of Rs.72,00,000/-in equal installments as per the settlement.

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

i) The applicant is in custody since 15.01.2021;

ii) The investigation is concluded and charge-sheet is filled;

iii) As per the statement made by learned senior advocate for the applicant that the applicant is ready and willing to pay Rs.72,00,000/-. A demand

draft of Rs.18,00,000/- is already given to the respondent Bank.

iv) No criminal antecedents are pointed out against the applicant;

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

against the applicant;

vi) This Court has taken into consideration the law laid down by the Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation,

[2012] 1 SCC 40.

vii) There are settlements between the applicant and respondent Bank.

Having regard to the above submissions and in the facts and circumstances of the case, the applicant is already released on interim bail vide order

dated 17.12.2021. The said bail is converted in regular bail in connection with C.R.-I No.11210015210076 of 2021 with DCB Police Station, Surat

City, 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(s), 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;

(g) shall pay the amounts as per the schedule mentioned in the settlement.

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.

Registry is directed to intimate the concerned jail authority and the concerned Sessions Court about the present order by sending a copy of this

order through Fax message, email and/or any other suitable electronic mode.

Learned advocate for the applicant is also permitted to send a copy of this order to the concerned jail authority and the concerned Sessions Court

through Fax message, email and/or any other suitable electronic mode.

Direct service is permitted.