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TMI Blog2020 (12) TMI 1162X X X X Extracts X X X X X X X X Extracts X X X X ..... ) No. 2 MR HARDIK SONI APP (2) for the Respondent(s) No. 1 ORAL ORDER 1. RULE. Mr. Soni, learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent- State of Gujarat. 2. The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection with File No. DCST/ENF/ACST-4/Hiten Mandaliya/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able under section 132(iii). He submits that the applicant has already been released on default bail in connection with Datar Enterprise. He submits that the offence alleged against the applicant is punishable with imprisonment upto one year and with fine. He, therefore, submits that considering ;the nature of allegation, amount of input tax and the evidence, the applicant may be enlarged on bail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pto five years with fine. He, therefore, submits that looking to the gravity of the offence, the applicant may not be released on bail. However, he submits that if the Court is inclined to release the applicant on bail, reasons may not be assigned on the merits of the case. 6. I have heard learned advocates appearing on behalf of the respective parties. Learned advocates appearing on behalf of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... satisfaction of the learned Trial Court and subject to the conditions that the 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 the State of Gujarat without prior permission of the Sessions Judge concerned; [e] m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 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, learned 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. 9. Rule is made absolute to the aforesaid extent. Direct service ..... X X X X Extracts X X X X X X X X Extracts X X X X
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