This application is filed under Section 439 of the Code of Criminal Procedure in connection with First Information Report registered as I-C.R. No.130/2011 with Mahemdabad Police Station, Kheda for the offences punishable under Sections 406, 420 465, 467, 468, 471, 114 and 120(B) of the Indian Penal Code.
Learned Counsel appearing for the applicant submits that the chargesheet is filed. It is also submitted that allegedly the present applicant put his signature as a witness in the forged documents and also affixed his photograph in the said documents.
It is submitted that the applicant herein is ready and willing to pay an amount of Rs.95,000/- (Rupees Ninety Five Thousand Only) within two (2) months, from the date of his release, with the Trial Court. In view of the above, it is submitted that the applicant may be enlarged on bail.
Heard learned Additional Public Prosecutor Ms. C.M. Shah for the respondent-State.
Learned Counsels for the parties do not press for further reasoned order.
In the facts of the case, this application is allowed and the applicant is ordered to be released on bail in connection with First Information Report registered as I-C.R. No.130/2011 with Mahemdabad Police Station, Kheda, on executing a bond of Rs.10,000/- (Rupees Ten Thousand Only) with one solvent surety of the like amount to the satisfaction of the Trial Court and subject to the conditions that he shall;
a) not take undue advantage of liberty or misuse liberty;
b) not try to tamper or pressurize the prosecution witnesses or complainant in any manner;
c) not act in a manner injurious to the interest of the prosecution;
d) surrender his passport, if any, to the lower court within a week;
e) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) mark presence at the concerned Police Station on the first Sunday of every month between 10.00 a.m. and 3.00 p.m. for three months only;
g) furnish the present 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 the residence without prior permission of this Court;
h) pay an amount of Rs.95,000/-
(Rupees Ninety Five Thousand Only) within two (2) months with the Trial Court, from the date of his release and if not done so, the bail bond shall stand automatically cancelled.
The authorities will release the applicant only if not required in connection with any other offence for the time being.
If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter.
Bail bond to be executed before the lower court having jurisdiction to try the case.
At the trial, the Trial Court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail.
Rule made absolute. Direct Service is permitted.
Sd/-
(M.D.
Shah, J.) Caroline Top