SANJIV BHAGWATIPRASAD NISHAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of Rule on behalf of respondent-State.

(2.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with C.R. No. 11210045233138 of 2023 registered with the Pandesara Police Station, District Surat for the offence punishable under Ss. 420, 465, 466, 467, 468 and 34 of the Indian Penal Code.

(3.) Learned advocate Mr. Goswami who appears on behalf of learned advocate Mr. Barejia for the applicant has submitted that the so called incident has occurred on 16/7/2023 and FIR was registered was registered on 16/7/2023. The applicant was arrested on 18/7/2023 and since then he is in judicial custody. It is also submitted that the investigation is already completed and the present application is filed after submission of the charge-sheet. Learned advocate for the applicant submits that initially the FIR was registered against four accused persons, wherein applicant has been shown as accused No.4 in the FIR. Learned advocate submits that it is the case of the prosecution that present applicant has floated a scheme to dupe innocent and gullible persons by luring them to deposit amount with them to get learning and regular licence, insurance and fitness certificate and on the strength of the above stated scheme introduced by the applicant, number of witnesses have deposited amount for the purpose of getting those government authentic documents. It is the case of the prosecution that during the course of investigation, the members of the investigating agency have found that total amount of Rs.6,44,100.00 were taken by the accused persons from the witnesses, out of which, the present applicant has received Rs.1,96,780.00 towards his commission. Learned advocate submits that at this juncture without entering into further controversy and solely with intent to show his bona fide, the applicant has filed an undertaking, which is produced on record, to the effect that he is ready and willing to deposit the amount of Rs.1,50,000.00 before the concerned trial Court without prejudice to his rights and contentions within a period of one week from the date of his actual release. Learned advocate submitted that all the offences are exclusively triable by the Court of Magistrate and the case of the prosecution hinges upon documentary evidence, which are already collected by the IO during the course of investigation. Considering the above stated factual aspect, the present applicant may be enlarged on regular bail by imposing suitable terms and conditions.