2020 (12) TMI 1162

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....NOT RECD BACK (3) for the Respondent(s) No. 2 MR HARDIK SONI APP (2) for the Respondent(s) No. 1   ORAL ORDER 1. RULE. Mr. Soni, learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent- State of Gujarat. 2. The present application is filed under Section 439 of the Code of Criminal Procedure by the applicant for regular bail in connection w....

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.... the offence alleged against the applicant is bailable under section 132(iii). He submits that the applicant has already been released on default bail in connection with Datar Enterprise. He submits that the offence alleged against the applicant is punishable with imprisonment upto one year and with fine. He, therefore, submits that considering ;the nature of allegation, amount of input tax and th....

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....e sentence of imprisonment under section 132(i) is upto five years with fine. He, therefore, submits that looking to the gravity of the offence, the applicant may not be released on bail. However, he submits that if the Court is inclined to release the applicant on bail, reasons may not be assigned on the merits of the case. 6. I have heard learned advocates appearing on behalf of the respectiv....

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.... Only) with one solvent surety of the like amount to the satisfaction of the learned Trial Court and subject to the conditions that the applicant shall; [a] not take undue advantage of liberty or misuse liberty; [b] not act in a manner injurious to the interest of the prosecution; [c] surrender passport, if any, to the lower court within a week; [d] not leave th....