Though this matter is not listed on the board today, it has been ordered to be placed before this Court today in view of oral permission granted by this Court pursuant to request made by learned Senior Counsel, Mr.P.M.Thakkar.
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 CR No.I-87 of 2012 registered with Gandhigram Police Station, for the offence punishable under Sections 306, 114 of IPC and Secs.5, 25 and 34 of Money Lending Act.
Heard learned Senior Counsel, MR.P.M.Thakkar for M/s Thakkar Associates for the applicant and Mr.L.B.Dabhi, learned Additional Public Prosecutor for respondent-State.
It is alleged that the deceased borrowed money from the present applicant and due to constant pressure and torture demanding money at the hands of accused, deceased committed suicide.
It is submitted by Mr.P.M.Thakkar for the applicant that complaint is lodged after three months of death of the deceased. According to him, there is no prima facie case under Sec.306 of IPC alleged against the applicant and hence, it is requested that the applicant may be released on bail.
In the facts and circumstances of the case and considering the facts that complaint is lodged after three months of death of deceased, without entering into the merits of the case, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail.
Hence, the applicant is ordered to be released on bail in connection with CR No.I-87 of 2012 registered with Gandhigram Police Station 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 -
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 his residence to the Investigating Officer and also to the Court with documentary proof of residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
g) surrender his passport, if any, to the lower Court within a week.
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.
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. Rule is made absolute. Direct service is permitted today.
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.
[M.D.SHAH,J.] radhan Top