[1] 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.I-114 of 2011 with Adalaj Police Station for the offences punishable under Sections etc. 406, 420, 465, 467, 468, 471, 474, 120-B and 114 of the Indian Penal Code.
[2] Learned Counsel for the applicant submits that so far as signature in the alleged power of attorney is concerned, it is not disputed. It is alleged that applicant obtained signature on blank paper from the complainant and thereafter, power of attorney was created. Therefore, it is submitted that the applicant may be enlarged on bail. It is also submitted that other co-accused has been released on bail by this Court (Coram : Anant S. Dave, J.) vide order dated 24.08.2011 in Criminal Misc. Application No.11459 of 2011.
[3] Heard learned advocates for the respective parties. So far as signature in the alleged power of attorney is concerned, it is not disputed. Considering above facts and circumstances of the case and role attributed to the applicant accused and as other accused has been released on bail by this Court, by imposing suitable condition, I deem it just and proper to enlarge the applicant on bail.
[4] Learned Counsels for the parties do not press for further reasoned order.
[5] In the facts and circumstances of the case, the 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.I-114 of 2011 with Adalaj Police Station on executing a bond of Rs.5,000/- (Rupees Five Thousand Only) with one 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 act in a manner injurious to the interest of the prosecution;
c) surrender his passport, if any, to the lower court within a week;
d) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
e) 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;
f) 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;
[6] The authorities will release the applicant only if not required in connection with any other offence for the time being.
[7] 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.
[8] Bail bond to be executed before the lower court having jurisdiction to try the case.
[9] 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.
[10] Rule made absolute to the aforesaid extent. Direct Service is permitted.
[M.D.Shah, J.] satish Top