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.35/2010 with Vav Police Station, Banaskantha for the offences punishable under Sections 408 and 114 of the Indian Penal Code.
Learned Counsel appearing for the applicant submits that for construction of 2 lavatories in the Primary school of the Village, a grant of Rs.40,000/= was sanctioned by the District Rural Development Agency. However, allegedly the said grant was not utilised for construction of the said lavatories; it is alleged that there has been misappropriation by the present applicant in connivance with the Talati. However, considering that the chargesheet is filed, it is submitted that the applicant may be enlarged on bail.
Heard learned Additional Public Prosecutor Ms. C.M. Shah for the respondent-State.
Learned Counsels for the parties do not press for further reasoned order.
Considering the nature of offences and that it is a magistrate triable case and that the chargesheet is filed, 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.35/2010 with Vav Police Station, Banaskantha, on executing a 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 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 three months 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