RAJESH @ MUNNO TRAMBAKBHAI TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure has been preferred by the applicant-original accused no. 2 (as per the chargesheet) to quash and set aside the impugned order passed by the learned 4th (Ad hoc) Additional Sessions Judge, Surat dated 10/10/2012 in Criminal Miscellaneous Application No. 2392/2012 in so far as imposing the condition of depositing Rs. 7,50,000.00 by the applicant herein, while releasing him on bail in connection with FIR, being C.R. No. 157/2012 registered with Katargam Police Station, Surat for the offence punishable under Sections 467, 471, 406, 420 and 114 of the Indian Penal Code, 1860.

(2.) THE applicant herein-original accused no. 2 (as per the chargesheet) came to arrested by the Investigating Officer on 20/06/2012 in connection with FIR, being C.R. No. 157/2012 registered with Katargam Police Station, Surat for the offence punishable under Sections 467, 471, 406, 420 and 114 of the Indian Penal Code filed by one Shri Pravinbhai Baler. Thereafter, the applicant submitted Criminal Miscellaneous Application No. 2393/2012 before the learned Sessions Court, Surat under Section 439 of the Code of Criminal Procedure to release him on bail and vide impugned order dated 10/10/2012, the learned 4th (Ad hoc) Additional Sessions Judge, Surat has allowed the said application and released the applicant on bail in connection with FIR, being C.R. No. 157/2012 registered with Katargam Police Station, Surat for the offence punishable under Sections 467, 471, 406, 420 and 114 of the Indian Penal Code, 1860. However, while releasing the applicant on bail, the learned Judge has imposed the condition of depositing Rs. 7,50,000.00 by the applicant. Being aggrieved and dissatisfied by the impugned order passed by the learned 4th (Ad hoc) Additional Sessions Judge, Surat dated 10/10/2012 in Criminal Miscellaneous Application No. 2392/2012 in so far as imposing the condition of depositing Rs. 7,50,000.00 by the applicant while releasing him bail, the applicant-original accused no. 2 (as per the chargesheet) has preferred the present Criminal Revision Application.

(3.) THE present Criminal Revision Application is opposed by Shri L.B. Dabhi, learned APP appearing on behalf of respondent-State. It is submitted that in the facts and circumstances of the case and when the amount involved is a public money and when the loan amount of Rs. 39 lakhs is alleged to have been deposited in their account, when the learned Judge has directed the applicant to deposit Rs. 7,50,000.00 to protect the interest of the Bank, it is requested not to interfere with the impugned order and not to quash and set aside the condition imposed by the learned Judge of depositing Rs. 7,50,000.00 by the applicant while releasing him on bail. Making the above submissions, it is requested to dismiss the present application.