By way of present five applications, 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 Nos.I-15 of 2005, I/92 of 2006, II-53 of 2000, I-61 of 1996 and I-156 of 2000 respectively registered with Fatehpura Police Station.
As all these five applications arise out of complaints registered against the same applicant with same Police Station i.e. Fatehpura Police Station, all of them were heard together and are being decided by this common order.
Heard Mr.M.A.Kharadi, learned counsel for the applicant in all these applications, learned Additional Public Prosecutor, Ms.C.M.Shah for respondent-State in Cri.Misc.Appln.No.5594 of 2012 and learned Additional Public Prosecutor, Mr.L.B.Dabhi for the respondent-State in Cri.Misc.Appln.Nos.5595 of 2012, 5596 of 2012, 5597 of 2012 and 5598 of 2012.
It is submitted by learned advocate, Mr.Kharadi for the applicant in these applications that as new Court is established at Fatehpura, all the cases of Jalod Court were transferred to the Court at Fatehpura and as applicant was not informed about the same, he did not remain present before the Fatehpura Court and hence, non-bailable warrant was issued against him. It is further submitted that all the alleged offences are triable by learned J.M.F.C.
It appears that as applicant was not knowing about the transfer of his cases from Jalod Court to Fatehpura Court, he did not remain present before the trial court and hence, non-bailable warrant was issued against the applicant and subsequently, his bail was cancelled. The application preferred before the Sessions Court for bail was also rejected. It is also noted that all the alleged offences are triable by learned J.M.F.C.
In the facts and circumstances of the case and considering the nature of offence, sentence and now the charge-sheet is filed, 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 in all these applications is ordered to be released on bail in connection with CR Nos.I-15 of 2005, I/92 of 2006, II-53 of 2000, I-61 of 1996 and I-156 of 2000 respectively registered with Fatehpura Police Station, for the offences alleged against him in these applications on his executing personal bond of Rs.15,000/- (Rupees fifteen thousand only) each with one solvent surety each 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 abuse 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) mark presence before the Fatehpura Police Station once in a month more particularly between 1st and 5th of month between 10.00 a.m. and 2.00 p.m. till trial is over;
g) furnish the address of 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;
h) surrender 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.
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.
Office is directed to place a copy of this order in each matter.
[M.D.SHAH,J.] radhan Top