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2018 (9) TMI 1970 - PUNJAB AND HARYANA HIGH COURTGrant of Regular Bail - sell/dispose of stocks without consent of the bank - It is also the allegation that borrower has submitted false and fabricated record and played fraud with the bank for getting excessive limit and a wrongful loss has been caused to the bank - HELD THAT:- No doubt while granting bail the Court has to keep in mind the nature of accusations, the nature of evidence in support thereof, severity of the punishment which conviction will entail, the character of the accused and facts and circumstances of the case. It is also one of the factors while considering the bail that that is a reasonable possibility of securing the presence of the accused during trial and reasonable apprehension of the witnesses being tampered with. The larger interest of the public/State and some other similar considerations are also there. However, for the purpose of granting bail, the Legislature has used the words "reasonable grounds for believing" instead of "the evidence", which means the Court while dealing with the grant of bail can only satisfy itself as to whether there is a genuine case against the accused and the prosecution will be able to produce prima facie evidence in support of the charges. It is a settled preposition of law that while granting bail though the Court may impose reasonable conditions as it thinks fit but the object of putting conditions is to avoid the possibility of the person hampering investigation. The discretion of the Court while putting condition is to be in exercise of judicial discretion. Without commenting anything on the merits of the case as allegations are matter of evidence to be tested by the trial Court during the course of trial and by considering that the petitioner is in custody for the last more than one year and two months and also the fact that challan has been presented before the trial Court, the offences are triable by Magistrate - petitioner shall furnish a personal bond in the sum of ' 5 lacs with the sureties in the like amount to the satisfaction of the trial Court. The petitioner is directed to be released on regular bail - Petition allowed.
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