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.64/2011 with Laktar Police Station, Surendranagar for the offences punishable under Sections 465, 467, 468, 471, 406 and 420of the Indian Penal Code.
Learned Counsel appearing for the applicant submits that the present applicant allegedly filed an affidavit before the Mamlatdar stating therein that he is the only legal heir of the family, though the applicant herein has three sisters who are alive. Inspite of the above fact, such a false statement was alleged to have been made before the Mamlatdar. It is also submitted that the affected persons, i.e. the three sisters of the applicant herein have cordial relations with the applicant and have not lodged any complaint against such a false statement. Instead the Mamlatdar has lodged the complaint against the applicant herein. It is further submitted that now the names of all the three sisters have been inserted in the revenue records and the disputed land is running in the names of all the legal heirs of the family. Besides it is also submitted that it is a magistrate triable case. Considering the above aspects, it is submitted that the applicant may be enlarged on bail.
Heard learned Additional Public Prosecutor Mr. L.B. Dabhi for the respondent-State.
Learned Counsels for the parties do not press for further reasoned order.
In the facts of the case, this 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.64/2011 with Laktar Police Station, Surendranagar, on 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 liberty or misuse liberty;
b) not try to tamper or pressurize the prosecution witnesses or complainant in any manner;
c) not act in a manner injurious to the interest of the prosecution;
d) surrender his passport, if any, to the lower court within a week;
e) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) 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 three months only;
g) 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