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VISHESH ASHOK JAIN Versus STATE OF GUJARAT

2016 (9) TMI 871 - GUJARAT HIGH COURT

Bail application under Section 439 of the Code of Criminal Procedure - regular bail - offences punishable under Sections 406, 409, 420, 469, 468, 471, 474, 120-B of the IPC and Section 85(1)(b)(c)(f)(g), 85(2)(g), 85(4) and 85(6) of the Gujarat Value Added Tax Act - voluntary will to deposit an amount of ₹ 1 Crore within period of six and half months from the date of release. - Held that: - since the applicant is ready and willing to deposit an amount of ₹ 1 Crore within period o .....

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the present application is allowed and the applicant is ordered to be released on regular bail on his executing a personal bond of ₹ 10,000/- decided in favor of applicant. - CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 17611 of 2016 - Dated:- 12-9-2016 - MR. P.P.BHATT, J. FOR THE APPLICANT : MR ASHISH M DAGLI, ADVOCATE, MR HITESH L GUPTA, ADVOCATE FOR THE RESPONDENT : MR RUTVIJ OZA, SPECIAL PUBLIC PROSECUTOR ORAL ORDER 1. The present successive bail application is filed under Section .....

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t-State. 3. Learned advocate for the applicant submits that the applicant is arrested in connection with the offences punishable under Sections 406, 409, 420, 469, 468, 471, 474, 120-B of the IPC and Sections 85(1)(b)(c)(f)(g), 85(2)(g), 85(4) and 85(6) of the Gujarat Value Added Tax Act. It is further submitted that investigation is over and charge-sheet is filed, therefore, there is no possibility of tampering with the evidence. Learned advocate further submits that considering the nature of a .....

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l Court from the date of actual release period in following manner: [i] the applicant will deposit ₹ 25 Lakhs within a period of two weeks before the concerned trial court from the date of actual release period; [ii] the remaining amount shall be deposited within a period of six months before the concerned trial court from the date of actual release period thereafter. Over and above the aforesaid amount the applicant is ready and willing to file an undertaking to the effect that the proper .....

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tions received from his client namely; Sana-wife of the applicant and Vandana-mother of the applicant further submits that the applicant has no objection if the said amount is permitted to be withdrawn by the concerned Department but he has prayed that the Department may be asked to invest the said amount by way of a fixed deposit in any Nationalized Bank for a period of three years initially and if the trial is not concluded within a period of three years, the concerned Department may renew it .....

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period of six and half months from the date of his release, before the concerned trial court without prejudice to his rights and contentions, in the facts and circumstances of the case and considering the nature and gravity of accusation made against the applicant in the First Information Report and other investigation papers, this Court is of the opinion that discretion is required to be exercised in favour of the applicant for grant of bail as now there is no possibility of tampering with the .....

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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; [c] surrender passport, if any, to the lower court within a week; [d] not leave India without prior permission of the Sessions Judge concerned; [e] mark presence before Vivek Vihar Police Station at New Delhi on every Monday of each English calendar month for a period of three months and thereafter, alternate Monday for a period of six months, between .....

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s before the concerned Trial Court from the date of actual release period in following manner: [i] the applicant will deposit ₹ 25 Lakhs within a period of two weeks before the concerned trial court from the date of actual release period; [ii] the remaining amount shall be deposited within a period of six months before the concerned trial court from the date of actual release period thereafter. Over and above the aforesaid amount the applicant will file an undertaking to the effect that th .....

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