1. Rule.
Ms. Jirga Jhaveri, learned APP waives service of Rule on behalf of the respondent.
2. This Application has been preferred under Section 439 of the Code of Criminal Procedure, 1973 in connection with the offence being CR No.I-34 of 2010 registered with Varachha Police Station, Surat for the offences u/s. 498(A), (B),(C) and 120(B) of the Indian Penal Code.
3. Heard Mr. B.M.Mangukiya, for the applicant. He has read order dated 27.4.2012 passed in Criminal Misc. Application No.4270 of 2012 in the matter of co-accused and contended that from this co-accused more than 105 notes were recovered during the panchnama. He has prayed for bail on the ground of parity. He has contended that the investigation is over and charge-sheet is also filed. From bare perusal of the charge-sheet papers, it becomes evidently clear that the applicant has not committed any offence as alleged against him. He has, therefore, prayed to release the applicant on bail.
4. Ms.Jirga Jhaveri, learned APP for the respondent State. She has vehemently opposed the present application. She has read police papers and recovery panchnama and contended that so far as contents of the panchnama is concerned, it is proved beyond reasonable doubt that the said fake currency notes are recovered from possession of the present applicant. She has prayed not to grant bail to the present applicant.
5. Having heard the learned Counsel for both the sides and looking to the facts and circumstances of the case, statement of the witnesses, gravity of the offence and quantum of punishment and the fact there is no definite allegation made against the applicant, I am inclined to grant bail to the applicant.
6. Considering the above, this Application is allowed. The applicant is ordered to be released on bail in connection with CR No.I-34 of 2010 registered with Varachha Police Station, Surat for the offence alleged against him in this Application on his 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-
(1) not take undue advantage of the liberty or abuse the liberty;
(2) not act in a manner injurious to the interest of the prosecution;
(3) maintain law and order;
(4) mark the presence before the concerned Police Station on every 1st and 15th day of English Calendar month between 11:00 a.m. to 2:00 p.m.;
7. If the breach of any of the above conditions is committed, the concerned Sessions Judge will be free to issue warrant or take appropriate action in the matter.
8. Bail before the lower Court having jurisdiction to try the case. It would be open to the trial Court concerned to give time to furnish the solvency certificate if prayed for.
7. Rule is made absolute. Direct service is permitted.
(Z.K.SAIYED, J.) kks Top