Rule.
Mr.Maulik Nanavati, learned APP appears and waives service of Rule for respondent - State.
The instant application is filed seeking regular bail under Section 439 of the Code of Criminal Procedure in connection with Thara Police Station, District: Banaskantha CR No.I-60 of 2012 for the offences punishable under Sections 394, 114 and 120(B) of the Indian Penal Code.
Mr.Shah, learned advocate for the applicants, at the outset, drew my attention to the relevant part of the FIR and submitted that applicants are not named in the FIR. It is further submitted that the applicants came to be arrested on the basis of statement of co-accused. The co-accused Vinaji Jemalji Thakore has been released on bail by this Court on 20.06.2012, passed in Criminal Misc.Application NO.8441 of 2012. My attention was also drawn to the copy of affidavit of Investigating Officer, which was filed before the Sessions Court and in it, it is stated that the entire cash amount as well as the vehicle have now been recovered.
Learned APP appearing for the State opposed this application.
Having considered the submissions advanced on behalf of both the sides, so also considering the FIR and the role attributed to the applicants in the incident and further considering the fact that one co-accused has been released on bail by this Court, copy of affidavit of the Investigating Officer, cash amount allegedly looted came to be recovered and the investigation is over and charge-sheet is filed, the application deserves to be allowed.
Learned counsel for the parties do not press for further reasoned order.
In the facts and circumstances of the case, the application is allowed and the applicants are ordered to be released on bail in connection with Thara Police Station, District: Banaskantha CR No.I-60 of 2012, on executing a bond of Rs.10,000/- (Rupees Ten Thousand only) each with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they 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 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 residence to the I.O. 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 applicants 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.
For modification and/or deletion of any of the conditions herein above, the applicant/s will be at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order in accordance with law.
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 applicants on bail.
Rule is made absolute accordingly. The present application stands disposed of. Direct service is permitted.
(J.C.UPADHYAYA, J.) Girish Top