Gujarat High Court
Kiritbhai Keshubhai Kared vs Prop. Of Gems Master Bank ( Pro. Of ... on 8 October, 2021
Bench: Umesh A. Trivedi
R/CR.RA/677/2021 ORDER DATED: 08/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 677 of 2021
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KIRITBHAI KESHUBHAI KARED
Versus
PROP. OF GEMS MASTER BANK ( PRO. OF GEMS MASTER BENCH)
ASHOKBHAI BHANUBHAI GHARDESHIYA
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Appearance:
MR BHAVIN S RAIYANI(3855) for the Applicant(s) No. 1
for the Respondent(s) No. 1
MS CM SHAH ADDL. PUBLIC PROSECUTOR(2) for the Respondent(s) No.
2
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CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
Date : 08/10/2021
ORAL ORDER
Heard Mr.Bhavin S. Raiyani, learned advocate for the
petitioner. His client, Kiritbhai Keshubhai Kared, is present before
the Court and duly identified by him. He submits that his client is
ready to deposit Rs.1,25,000/- before this Court as Rs.1,00,000/-
is already deposited before the trial Court. According to his
submission, though the cheque amount is of Rs.1,99,841/-, the
convicting Court imposed a fine of Rs.2,25,000/-. He is ready to
deposit the remaining amount i.e. Rs.1,25,000/- after deducting
Rs.1,00,000/- before the trial Court. Trial Court is directed to
accept the same and invest it in any nationalized Bank initially
for a period of 3 years and the same be renewed thereafter from
time to time. No any loan or advance shall be given by anybody
to anyone against the said Fixed Deposit Receipt/s and it be kept
in the custody of the Nazir of the Court. He has further submitted
that since he is ordered to undergo imprisonment for which,
according to his instructions, non bailable warrant is yet to be
R/CR.RA/677/2021 ORDER DATED: 08/10/2021
issued, the appeal against the judgment of conviction and order
of sentence is also dismissed on 3.8.2021, and therefore, he
apprehends that it might be issued in near future or it might
have been issued by now. Therefore, since the petitioner is
present before the Court and he is taken into custody and he is
released on bail on the terms and conditions that may be
imposed upon him by the trial Court subsequently. The petitioner
is directed to go before the trial Court and execute the Bail Bond,
as aforesaid. The trial Court shall ensure that the amount, as
stated hereinabove is deposited. On the next date of hearing,
receipt of the said deposit be produced by the petitioner.
Hence, Notice returnable on 24th November, 2021. Till he
executes the bail bond, as aforesaid, even if, any non bailable
warrant is issued against him, it may not be executed.
Direct service is permitted.
(UMESH A. TRIVEDI, J)
ASHISH M. GADHIYA
