2017 (2) TMI 605

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....FOR THE RESPONDENT : MS. MOXA THAKKAR APP ORAL ORDER [1] By way of the present application under Section 438 of the Code of Criminal Procedure, 1973 ('the Code'), the applicant has prayed to release him on bail in case of his arrest in connection with the FIR being CR No. I07 of 2016 registered with CID Crime Police Station, Ahmedabad Zone for the offences punishable under Sections 406, 409,....

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....tion with the FIR, and thus, the applicant has fully cooperated with the Investigating Officer and is agreeable to further cooperate the investigation, as and when, the Investigating Officer calls him for investigation. He, therefore, urged to exercise the discretion in favor of the applicant under Section 438 of the Code. [3] Learned APP Ms. Thakkar submitted that the allegations made in the F....

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....point out that the applicant had gained anything on the basis of the false registration taken in the name of fake Firms from the office of the Commissioner of the Commercial Taxes, finds that the discretion deserves to be exercised in favour of the applicant under Section 438 of the Code. [5] In the result, the present application is allowed. It is ordered that in case the applicant herein is a....

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....concerned and shall not change his residence till the final disposal of the case or till further orders; (f) shall not leave India without the permission of the Court and, if having passports shall surrender the same before the Trial Court within a week. [6] This order shall not be construed to divest the Investigating Agency to ask for remand of the applicant if required. In such case, the ....