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.3/2007 with Balasinor Police Station, Kheda/Nadiad for the offences punishable under Sections 409, 467, 468 and 471 of the Indian Penal Code.
Learned Counsel appearing for the applicant submits that for the misappropriation of Rs.60,000/=, the applicant had already deposited the said amount in the year 2007 with Sayhog Co-operative Credit Society and hence, the applicant may be enlarged on bail.
Heard learned Additional Public Prosecutor Ms. Krina Calla for the respondent-State, who opposed this application for bail and submitted that the complaint was lodged on 15.01.2007 and offences were registered against the present applicant; the applicant had been absconding for 5 years and proceedings under Section 82 of the Code were initiated. Thereafter, the applicant was arrested and only on this ground, the learned Sessions Judge rejected the bail application of the applicant and hence, this application may not be granted.
Having heard learned Counsels for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the applicant, by imposing suitable conditions, I deem it just and proper to enlarge the applicant on bail.
Learned Counsels for the parties do not press for further reasoned order.
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.3/2007 with Balasinor Police Station, Kheda/Nadiad, on executing a bond of Rs.25,000/- (Rupees Twenty Five 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 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 one year 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;
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