1. This Application has been preferred under Section 439 of the Code of Criminal Procedure, 1973 in connection with the offence being CR No.I-30 of 2002 registered with Morva Police Station, Panchmahal for the offences u/s. 395 and 397 of the Indian Penal Code.
2. Heard Mr.Mehul S. Shah, learned advocate for the applicant. He has contended that the applicant was arrested by transfer warrant on 28.3.2012 and after remand of two days he was sent to judicial custody on 31.3.2012. The Investigating Officer has filed charge-sheet in respect of other accused wherein also present applicant is not shown as absconding. It is lastly contended that without any incriminating evidence only on the basis of similarity of name, present applicant was arrested after 10 years. Therefore, he has prayed to enlarge present applicant on bail.
3. Heard Mr. N.J.Shah, learned APP for the respondent State. Mr.Shah has vehemently opposed the present application. He has contended that present applicant was absconder for 10 years. He has prayed to reject bail application.
4. I have perused papers. From the papers it appears that no identification parade is carried out by the Investigating Agency. It is clarified that this Court has not gone into merits of the case.
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-30 of 2002 registered with Morva Police Station, Panchmahal 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) mark presence before the concerned Police Station on every 15th of the month between 9:00 a.m. to 2:00 p.m.
f) not leave the country without the prior permission of the concerned Sessions Judge;
g) furnish the address of his 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;
h) surrender his passport, if any, to the lower Court within a week.
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.
9. Rule is made absolute. Direct service is permitted.
(Z.K.SAIYED, J.) kks Top