1. This is an application preferred under Section 439 of the Code of Criminal Procedure by the applicant who came to be arrested in connection with CR No. I- 185 of 2010 registered at Gondal Taluka Police Station, for the offence punishable under Sections 395, 398 and 120(B) of the Indian Penal Code.
2. Learned advocate Mr. Sojitra for the applicant submitted that the applicant is an innocent person and he has been wrongly arraigned in the offence. He also submitted that nothing is recovered from the possession of the applicant and and he is not named in the FIR. As per his submission, the applicant is arrested on suspicion. The applicant is not likely to jump the bail nor is likely to tamper with any evidence. Therefore, considering facts and circumstances, the applicant may kindly be released on bail by imposing suitable conditions.
3. Learned APP Mr. Jani for the State submitted that considering the seriousness of the offence, in which the applicant is involved, the application of the applicant is required to be rejected. Even from the papers including FIR, it appears that the applicant has played active role in the commission of the offence. Therefore, discretion may not be exercised in favour of the applicant.
4. Having considered the rival submissions and on perusal of the role attributed to the applicant as reflected in the FIR, police papers, provisions of Sections 395, 398 and 120(B) of the Indian Penal Code, quantum of punishment and the fact that prima facie, there is no any direct evidence against the applicant and nothing is recovered from the applicant, I am of the view that the applicant deserves to be enlarged on bail by imposing some stringent conditions. This Court is not entering into the detail discussion of the evidence at this stage of bail. This is a successive bail application.
5. In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be enlarged on bail in connection with CR No. I-185 of 2010 registered at Gondal Taluka Police Station, on his executing a bond of Rs.10,000/- [Rupees Ten 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 his liberty or abuse his 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 the prior permission of the Sessions court concerned;
[e] mark his presence at concerned police station on every 15th day of each English Calender month, at 11:00 a.m. till the trial is over;
[f] furnish the present 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 his residence without prior permission of this Court;
[g] maintain law and order.
6. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or to take appropriate action in the matter.
7. Bail bond to be executed before the lower Court having jurisdiction to try the case.
8. 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.
9. Rule is made absolute to the aforesaid extent. Direct Service is permitted.
(Z.K.SAIYED,J.) ynvyas Top