Leave to amend the petition and the prayer clause is granted. Amendment be carried out forthwith. Rule. Mr.L.B.Dabhi, learned APP waives service of notice of rule on behalf of opponent-State. Heard learned advocate for the applicant and learned APP for the State. It is submitted by learned advocate for the applicant that the applicant has been released on bail by this Court vide order dated 6-3-2012 passed in Cri.Misc.Appln.No.1198 of 2012 with certain conditions. One of the conditions was to pay Rs.3.81 lakhs to the complainant within a period of one month the date of his release. It is submitted that as there is a marriage of his daughter on 16-4-2012, the applicant could not deposit the amount in time and, therefore, his bail bond stood cancelled and he was taken into custody. Now it is requested that the applicant may be given one month to deposit the amount. It is to be noted that the applicant was released on bail by this Court vide order dated 6-3-2012 passed in Cri.Misc.Appln.No.1198 of 2012 with certain conditions including condition No.4(h) to pay Rs.3.81 lakhs to the complainant within a period of one month the date of his release. As the applicant did not pay the amount in time and consequently said condition No.4(h) was not complied with by the applicant, his bail bond was cancelled and he was arrested by the police. Having regard to the facts and circumstances of the case, this application is partly allowed. The applicant is ordered to be released on bail in connection with C.R.No.I-100 of 2011 registered with Gomptipur 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 Officer;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) furnish the address of his residence to the Investigating Officer and also to the Court with documentary proof of residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
g) surrender his passport, if any, to the lower Court within a week; and
h) make payment of Rs.3.81 lakhs to the complainant within a period of ten days of his release.
It is again clarified that if the aforesaid amount of Rs.3.81 lakhs is not paid by the applicant within the stipulated period, his bail bond shall stand cancelled.
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.
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. Direct service is permitted.
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.
[M.D.SHAH,J.] radhan Top