GHANSHYAMBHAI VAJUBHAI BORANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS application is filed under Section 439 of the Code of Criminal Procedure in connection with first information report registered at C.R.No.I2/2012 with Limdi Police Station, Dist. Surendranagar for the offences punishable under Sections 409, 465, 468, 471 read with Section 114 of the Indian Penal Code.

(2.) LEARNED counsel for the applicant submits that the investigation is over and the chargesheet is filed and the applicant is in jail since 02.07.2012. It is further submitted that the the dispute about payment of royalty and other additional charges and penalty will be subject matter of adjudication of competent authority under the Act, but without prejudice to rights and contentions, the applicant will deposit Rs.5,00,000/ with the Geologist, Mines and Minerals, Surendranagar within 4 weeks from his release. It is further submitted that considering the nature of allegations, role attributed to the applicant, by imposing suitable conditions, the applicant may be enlarged on bail.

(3.) IN the facts and circumstances of the case and considering the nature of allegations and role attributed to the applicant coupled with the fact that charge sheet is filed and the applicant is in jail since 02.07.2012, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail. Further, it is directed that the Geologist, Mines and Minerals, Surendranagar to accept the amount of Rs.5,00,000/ that may be deposited by the applicant. Hence, the application is allowed and the applicant is ordered to be released on bail in connection with C.R.No.I2/2012 with Limdi Police Station, Dist. Surendranagar on executing a bond of Rs.10,000/ (Rupees ten thousand only) with one surety of the like amount to the satisfaction of the trial court and subject to the conditions that he shall;