1. Rule.
Mr. J.K.Shah, learned APP waives service of Rule on behalf of the respondent-state.
2. The instant application is filed under Section 439 of Code of Criminal Procedure seeking regular bail in connection with Saher Kotda Police station CR No. II - 3123/2012 regarding offences punishable under sections 25(1) (b)(a) of the Arms Act and 135(1) of the Gujarat Police Act.
3. Mr.
K.M.Sojitra, learned counsel for the applicants, at the outset submitted that even as per the FIR, the role attributed to applicant no.1 is that one country made firearm was found from him and role attributed to applicant no.2 is that he was found with a knife. It is submitted that both the applicants shall not misuse the liberty, if they will be released on bail. It is further submitted that there is no criminal antecedents alleged against any of the applicants.
4. Mr.
J.K.Shah, learned APP for the respondent-state, opposes this application.
5. Having considered the submissions advanced on behalf of both the sides, so also considering the copy of FIR and the role attributed to each of the applicants and further considering the punishment prescribed for the said offences, this Court is of the opinion that subject to imposing requisite conditions, the application deserves to be allowed.
6. Learned counsel for the parties do not press for further reasoned order.
7. 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 first information report registered at CR No. II - 3123/2012 with Saher Kotda Police station, 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 India 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;
8. The Authorities will release the applicants only if not required in connection with any other offence for the time being.
9. If breach of any of the above conditions is committed, the Trial Judge concerned will be free to issue warrant or take appropriate action in the matter.
10. Bail bond to be executed before the lower court having jurisdiction to try the case.
11. 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.
12. 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.
13. Rule is made absolute to the aforesaid extent. D.S. Permitted.
(J.C.Upadhyaya, J.) cmj/ Top