LAWS(GJH)-2023-7-686

ANSHUMANBHAI MUKUNDBHAI DAVE Vs. STATE OF GUJARAT

Decided On July 07, 2023
Anshumanbhai Mukundbhai Dave Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) This application is filed for following prayer:-

(2.) The main submission of learned advocate for the applicant is that the applicant has after depositing some amount as a part of condition of this bail, was also required to deposit amount in the accounts of the other creditor and therefore, that amount be deposited as part of fulfilling the requirement of the condition of bail. Learned advocate has drawn attention of this Court to the 'No Due Certificate' issued by a Reliance Commercial Finance Limited which has issued the no due certificate towards the loan amount of Rs.38,13,516.00.

(3.) Learned Additional Public Prosecution has objected to the application on the ground that the FIR was registered at the behest of the auditor of Shri Sankalp Sidhdh Credit Co- operative Society Limited, whose members were defrauded of a huge amount. This Court, under order dtd. 18/2/2022, had enlarged the applicant on bail on a condition of deposit of the amount as prescribed in condition No.8(g). Under the instructions, it is submitted that the amount deposited in the Reliance Commercial Finance Limited has nothing to do with the present offense and in fact such deposit has been made for releasing the property from mortgaged towards financial loan that the applicant has received.