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2021 (4) TMI 1219

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..... h two local sureties of ₹ 25,000/- each to the satisfaction of the trial Court and subject to the conditions imposed. Application allowed. - R/SPECIAL CRIMINAL APPLICATION NO. 156 of 2021 - - - Dated:- 23-4-2021 - HONOURABLE MR. JUSTICE A.J.DESAI Appearance: MR. SHALIN MEHTA, SENIOR COUNSEL WITH MR HEMANG M SHAH(5399) FOR THE APPLICANT(S) NO. 1 NOTICE SERVED BY DS(5) FOR THE RESPONDENT(S) NO. 2,3 LEARNED PUBLIC PROSECUTOR MR. MITESH AMIN WITH LEARNED ADDITIONAL PUBLIC PROSECUTOR MR. L.B. DABHI, For the Respondent(s) No. 1 ORAL ORDER 1. By way of the present application, which has been filed under Articles 14, 21 and 226 of the Constitution of India as well as under Sections 167 and 439 of the Code .....

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..... submit that, the case of the applicant was not considered by the trial Court on the ground that the investigation is going on. He would further submit that even the applicant has also preferred an application for releasing him on regular bail being under Section 439 of the Code being Criminal Misc. Application N0. 10480 of 2020 before this Court. However, the same was withdrawn on 07.10.2020 on the ground that the investigation was not completed. However, it was observed in the order that it would be open for the applicant to file application, if investigation is not completed within a period of three months. Even, as per the affidavit of the respondent authorities, the investigation is yet not completed. He would further submit that th .....

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..... eration. 8. In the facts and circumstances of the case and considering the nature of allegations made in the complaint and without discussing the evidence in details as well as without going into details, primafacie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with the complaint being ACST/FSU11/ PUNDRIK TRIVEDI/201920/ B64 dated 27.01.2020 and complaint dated 24.03.2020 filed in Criminal Case No. 30267 of 2020 on executing a bond of ₹ 50,000/(Rupees Fifty Thousand only) with two local sureties of ₹ 25,000/( Rupees Twenty Five Thousand only) each to the satis .....

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