Pankajbhai Kantibhai Padhiyar. Vs. State of Gujarat. - Court Judgment

Excerpt:
.....tamil nadu general sales tax, which is the highest of the actual annual sales in the last 3 years prior to expansion. deferral of sales tax will only be on the increased volume of production/sales; the respondent was also informed that they could avail of deferral of sales tax after reaching the bsv/bpv for all the units whichever is earlier and then they could avail deferral for expansion unit at dalavoi only. referring to para 5.3 of the eligibility certificate, which provides that "the company is eligible for deferral of sales tax only on the increased volume of production/sale", learned counsel submitted that the slash in between the words production and sale shows that till both the bpv and bsv were achieved, the first respondent could not claim the benefit of deferral of sales..........lower court and subject to following conditions :1. not take undue advantage of his liberty or abuse his liberty;2. not act in a manner injurious to the interest of the prosecution;3. maintain law and order;4. mark his presence before the padra police station, vadodara on every 1^st and 15^th day of english calendar month between 11:00 am to 2:00 pm:5. not leave the state of gujarat without prior permission of the sessions judge concerned;6. furnish the address of his residence at the time of execution of the bond and shall not change the residence without prior permission of this court;7. surrender his passport, if any, to the lower court immediately.5. if breach of any of the above conditions is committed, the sessions judge concerned will be free to take appropriate action in the.....

Judgment:
1. Rule. Learned APP Mr. D.C. Sejpal waives service of rule on behalf of respondent State.

2. Counsel for the applicant submitted that the investigation is over and charge sheet is filed. The applicant has no criminal antecedents. He pointed out that the girl was aged 17 years and 11 months on the date of incident even as per the FIR. Her statement, recorded by the investigating agency on 19.11.2010, clearly reveals that there was no sexual relation between the applicant and the girl even when the girl was with the applicant for a few days.

3. I am surprised why the applicant was not granted bail by the Sessions Court even after charge sheet. In a case of this nature when admittedly there are no allegations of offence under Section 376 of the Indian Penal Code, when the investigation is over, when the girl was stated to be 1 month short of the legal age of 18 years and when in her statement before the police, she clearly stated that she had left her house on her own volition, it was a fit case where bail should have been granted.

4. In the result, the applicant is ordered to be released on bail in connection with C.R.No. I-235/2010 registered with Padra Police Station, Vadodara on his furnishing bond of Rs. 10,000/-(Rupees Ten Thousand) with one surety of like amount to the satisfaction of the lower Court and subject to following conditions :

1. not take undue advantage of his liberty or abuse his liberty;

2. not act in a manner injurious to the interest of the prosecution;

3. maintain law and order;

4. mark his presence before the Padra Police Station, Vadodara on every 1^st and 15^th day of English Calendar month between 11:00 am to 2:00 pm:

5. not leave the State of Gujarat without prior permission of the Sessions Judge concerned;

6. furnish the address of his residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;

7. surrender his passport, if any, to the Lower Court immediately.

5. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.

6. Bail before the Lower Court having jurisdiction to try the case. Rule is made absolute. Application is disposed of accordingly. Direct service is permitted.