The present application has been filed by the applicant-accused under Section 439 of Criminal Procedure Code for regular bail after the chargesheet is filed.
The applicant accused is charged with having committed offences under Sections 379 of the Indian Penal Code, for which, FIR being I-C.R.No.26/2009 has been lodged at Sayala Police Station, District : Surendranagar. Thereafter, Sections 411, 201, 114 and 120(B) of the Indian Penal Code were added.
Learned counsel, Mr.Verma for the applicant-accused submitted that the applicant-accused is alleged to have purchased the parts of the stolen dumper, which is dismental. He, therefore, submitted that considering the nature of offences alleged and the involvement of the applicant-accused, he may be released on bail as now the chargesheet has been filed.
Learned A.P.P., Mr.A.J. Desai resisted the present application and submitted that there is one another offence registered against him.
Having regard to the nature of offences alleged, manner in which it is alleged to have been committed, role attributed and considering the fact that the chargesheet has now been filed, the present application deserves to be allowed.
Accordingly, the present application stands allowed. The applicant viz., Abdul Ishabhai Goghari is ordered to be released on regular bail in connection with I-C.R.No.26/2009 registered with Sayala, District : Surendranagar Police Station on his executing a bond of Rs.5,000/- (Rupees Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the lower Court and subject to the conditions that he shall:
(a) not take undue advantage of his liberty or abuse his liberty.
(b) not to try to tamper or pressurize the prosecution witnesses or complainant in any manner.
(c) not act in any manner injurious to the interest of the prosecution.
(d) maintain law and order and should cooperate the investigating officers.
(e) furnish the address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change his residence without prior permission of the Court.
(f) surrender his passport, if any, to the lower Court, within a week.
(g) mark his presence before concerned Police Station 1st day of every calender month between 11:00 AM and 2:00 PM till the trial commences.
If breach of any of the above conditions is committed, the concerned Sessions Judge will be free to issue warrant or take appropriate action in the matter.
Bail before the lower Court having jurisdiction to try the case. It would be open to the trial Court concerned to give time to furnish the solvency certificate if prayed for.
Rule is made absolute to the aforesaid extent. Direct service permitted.
(RAJESH H.SHUKLA, J.) /patil Top