[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-18 of 2010 registered with Sethvadana Police Station, District - Jamnagar for the offence under sections 409, 465, 467, 468, 471, 477(a) of the Indian Penal Code.
[2] It is submitted by learned advocate for the applicant that charge sheet is filed and considering nature of allegations and role attributed to the applicant, the applicant may be enlarged on bail. It is further submitted by learned advocate for the applicant that the applicant is ready and willing to deposit the entire misappropriated amount with the trial Court.
[3] It is submitted by Ms.C.M.Shah, learned APP for the State that total amount of Rs.4,72,447/- has been misappropriated by the applicant accused and, therefore, bail application of the applicant may be rejected.
[4] This Court has gone through the complaint. At present applicant is ready and willing to deposit the misappropriated amount with the Trial Court. Considering this fact and considering the role attributed to the applicant, without entering into the merits of the case this Court is of the opinion that the 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-18 of 2010 registered with Sethvadana Police Station, District - Jamnagar for the offence alleged against him on executing personal bond of Rs.20,000/- (Rupees twenty 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 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;
g) surrender passport, if any, to the lower Court within a week.
i) deposit Rs.4,72,447/- (misappropriated amount) with the Trial Court within a period of 60 days (two months) from today.
[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.
[8] If any depositor submits application before the Trial Court for withdrawal of the amount, the applicant will not raise any objection for the same.
Rule is made absolute to the aforesaid extent.
Direct service is permitted.
Copy of this order be provided to learned APP so as to give necessary instructions to Investigating Officer to inform the same to the depositors.
[M.D.Shah, J.] satish Top