1.Rule. Mr.L.R.Pujari learned Addl. Public Prosecutor for the State waives the service.
2.Heard learned advocate Mr.D.P.Kinariwala for the applicant and Mr.L.R.Pujari learned Addl. Public Prosecutor for the respondent - State.
3.Following aspects are considered :
(i) The applicant is trading in scrap;
(ii) The applicant is alleged to have purchased the allegedly stolen property;
(iii) The applicant is aged 85 years; and
(iv) The offence alleged is under Section 380 read with Section 411 of Indian Penal Code.
In view of the above, bail deserves to be granted to the applicant.
4.Considering the submissions made on behalf of the parties and having regard to the circumstances and facts of the case, the application is allowed and the applicant is ordered to be released on bail in connection with Crime Register No.I-289 of 2004 of Morbi City Police Station on his executing a bond of Rs.10000/- (Rupees ten thousand only) with one surety of the like amount to the satisfaction of the lower Court and subject to the conditions that he shall,
(a) not take undue advantage of his liberty or abuse his liberty;
(b) not act in a manner injurious to the interest of the prosecution;
(c) maintain law and order;
(d) mark his presence before concerned Police Station on 1st Sunday every odd numbered English calendar month between 9.00 a.m. and 2.00 p.m.;
(e) not leave the State of Gujarat without the prior permission of the Sessions Court concerned;
(f) furnish the address of his residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
5.If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or to take appropriate action in the matter.
6.Bail before the lower Court having jurisdiction to try the case.
7.Rule is made absolute. Direct service is permitted.
(A.L.Dave,J) (vipul)