Leave to amend.
[1] By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on regular bail in connection with C.R.No.I-81 of 2012 registered with Salabatpura Police Station, Surat for the offence under Sections 406, 408, 420, 507 and 114 of the Indian Penal Code.
[2] It is submitted that by learned advocate for the applicant that charge sheet is filed. It is also submitted that considering the nature of allegations and role attributed to the applicant, the applicant may be enlarged on bail.
[3] It is submitted by Mr.Dagli, learned advocate for the complainant that dispute is settled between the parties and amount is received by the complainant from the applicant accused.
[4] This Court has gone through the complaint. It is alleged that present applicant accused was working in the shop of the complainant and received amount towards goods sold, however, the said amount was not accounted and by that misappropriation of Rs.54 lacs was committed by the present applicant. Considering this facts and that now the dispute is settled between the parties and the charge sheet is filed and the fact that the applicant is in jail since 08.03.2012, without entering into the merits of the case, prima facie, this Court is of the opinion that this application deserves to be allowed.
[5] Hence the application is allowed. The applicant is ordered to be released on bail in connection with C.R.No.I-81 of 2012 registered with Salabatpura Police Station, Surat for the offence alleged against him, on executing personal bond of Rs.25,000/- (Rupees Twenty five thousand only) with one solvent surety each of the like amount to the satisfaction of the trial Court and subject to the conditions that he :-
a) shall not take undue advantage of liberty or abuse liberty;
b) shall not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) shall maintain law and order and should cooperate the Investigating Officer;
d) shall not act in a manner injurious to the interest of the prosecution;
e) shall not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) shall furnish the address of his residence along with the proof 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;
g) shall surrender passport, if any, to the lower Court within a week.
[6] If the breach of any of the above conditions is committed, the concerned Court will be free to issue warrant or take appropriate action in the matter.
[7] Bail before the lower Court having jurisdiction to try the case. At the trial, the trial Court shall not be influenced by the observations made by this Court while enlarging the applicant on bail. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
[M.D.Shah, J.] satish Top