R/CR.

MA/8680/2018 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 8680 of 2018

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DEEPAKBHAI AMBALAL SONI
Versus
STATE OF GUJARAT
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Appearance:
MR ABHIRAJ R TRIVEDI(5576) for the PETITIONER(s) No. 1
MR H S SONI, ADDL. PUBLIC PROSECUTOR(2) for the RESPONDENT(s)
No. 1
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CORAM: HONOURABLE MS JUSTICE SONIA GOKANI

Date : 09/05/2018
ORAL ORDER

1. RULE. Mr.Hardik Soni, learned Additional

Public Prosecutor waives service of notice of

Rule for and on behalf of the respondent­

State. The Rule is returnable forthwith.

2. The applicant is the original accused,who has

preferred this successive anticipatory bail

application third time under Section 438 of

the Code of Criminal Procedure, in connection

with I­C.R.No.19 of 2017, registered with

Aamod Police Station for the offences

punishable under Sections 406, 420, 465, 467,

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 R/CR.MA/8680/2018 ORDER

468, 471 and 120(b) of the Indian Penal Code.

3.This Court notices that the first application

being Criminal Misc. Application No.15319 of

2017, preferred by this very applicant, was

permitted to be withdrawn on 04.07.2017.

Thereafter, once again, he moved an

application being Criminal Misc. Application

29696 of 2017, by detailed reasoned order,

his application came to be rejected on

21.12.2017. He has once again approached this

Court with a request that approx 80% of the

gold loan amount of Amod Co­operative Bank

has been recovered by the Bank and he himself

had made a payment of loan amount. Hence his

request is that the larger interest is sub­

served, therefore his request be considered

for anticipatory bail, as many of accused

have already been granted regular bail as

well.

4. This Court notices that the applicant has an

audacity to move for the third successive

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 R/CR.MA/8680/2018 ORDER

application for anticipatory bail, without at

any point of time cooperating with the

Investigating Agency. As mentioned in the

earlier detailed order that the applicant is

the key conspirator and essentially because

of such conspiracy the Bank had parted with

the loan worth Rs.58,08,500/­ against the

bogus gold ornament of 04 kg 368 gm. No

separate reasons would be necessary in this

order.

5.As could be noticed from the submissions made

by the learned Additional Public Prosecutor

and the case diary also that all efforts to

find out him during the investigation have

failed.

6.The case diary is reflecting the fact that

the applicant had chosen to evade process of

law absolutely and thoroughly, such a person

does not deserve any kind of discretionary

benefit. No challenge has been made to the

earlier rejection order of this Court by the

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 R/CR.MA/8680/2018 ORDER

applicant.

7. Resultantly, this application is dismissed.

The applicant shall surrender himself before

the Investigating Officer within a period of

24 hours. If not done, the nonbailable

warrant shall be issued against him. The

procedure under Sections 82 and 83 of the

Code of Criminal Procedure also shall be

initiated if the warrant remained unexecuted

within a period of 10 days.

Present application is disposed of

accordingly. Rule is discharged.

(MS SONIA GOKANI, J)

M.M.MIRZA

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