1. Ms.
C. M. Shah, learned APP waives service of Rule on behalf of respondent.
2. This application has been preferred under Section-439 of the Code of Criminal Procedure, in connection with the offence being CR No.I-271 of 2011 registered with Sardarnagar Police Station, Ahmedabad for the offences u/s. 406, 420, 467, 468, 471 120-B of the Indian Penal Code and Section-12(A) of the Passport Act.
3. Learned advocate for the applicant has contended that main accused is released on bail by the learned Judge. He has read the order of the learned Judge and contended that no prima facie case is made out against the applicant. Reading the papers, he has also contended that it can only be said that the applicant has committed offence punishable under the provisions of Passport Act. He has also contended that even from the order of the learned Judge, it appears that bail application of the applicant can be considered in favour of the applicant. Therefore, the applicant is before this Court by way of present application.
4. Learned APP has vehemently opposed this application. However, both the learned counsel do not press for further reasoned order.
5. Heard learned Counsel for both the sides. I have also perused the documents produced on record before the Court. Looking to the facts and circumstances of the case, statement of the witnesses and the fact that there is no definite allegation made against the applicant for the alleged offence, I am inclined to grant bail to the applicant.
6. Considering the above, this application is allowed. The applicant is ordered to be released on bail in connection with CR No.I-271 of 2011 registered with Sardarnagar Police Station, Ahmedabad for the offence alleged against him in this application on his 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 his liberty or abuse his liberty;
b) not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) maintain law and order and should cooperate the Investigating Officers;
d) not act in a manner injurious to the interest of the prosecution;
e) mark presence at concerned Police Station on every last day of the English calendar month between 9:00 a.m. to 2:00 p.m.
f) not leave the country without prior permission of the concerned Sessions Judge;
g) furnish the address of his residence to the I.O. 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) surrender his passport, if any, to the lower Court within a week.
7. 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.
8. 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.
9. Rule is made absolute. Direct service is permitted.
(Z.K.SAIYED, J.) (ila) Top