KADARBHAI KASAMBHAI PIRVANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.K.C.Shah waives service of rule for respondent-State.

(2.) In pursuance of the order dated 5.4.2002 passed by this court applicant-accused is present and I.O., Mr.D.S.Thakore, P.I. is present through learned APP Mr.Shah before the court. The applicant-accused-Kadarbhai stated that in spite of best efforts he was unable to raise funds, therefore, some more time be granted. This request was vehemently objected by learned APP Shri Shah on the instructions from I.O., Shri Thakore. He submitted that because of the failure of the applicant to deposit amount, families of thousands of depositors of the bank are practically ruined. He submitted that enough indulgence is shown to him, therefore, the court should decide this matter on merits.

(3.) The petitioner is original accused in connection with the FIR registered as CR No. I 128/01 with Bhavnagar City `C' Division Police Station for the offence punishable under Section 406, 420, 409 and 34 IPC. He filed Criminal Misc. Application No.32/01 before the Sessions Court, Bhavnagar for anticipatory bail, which was granted on 16.8.2001 with conditions. Thereafter, he filed regular bail application being Criminal Misc. Application No.799/01 before the Sessions Court, Bhavnagar for regular bail and the learned Judge granted bail by his judgment and order dated 5.9.2001 on certain terms and conditions mentioned in it. In all 7 conditions were imposed by the learned Sessions Judge :- (1) The accused shall remain present before the police office as and when required for interrogation. (2) He shall not try to tamper with the evidence of prosecution witnesses directly or indirectly. (3) The accused shall not leave Bhavnagar District without prior permission of the Sessions Court. (4) The accused shall mark his presence on every Monday between 8.00 a.m. to 1.00 p.m. at `C' Division Police station. (5) The applicant-accused shall give complete address of his residence to the concerned police station. (6) The accused shall deposit his passport with `C' Division Police Station. (7) He shall deposit amount within 3 months as ordered in anticipatory bail application.