1. The instant application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail in connection with C.R. No. I-207/2011 registered with Puna Police Station, Surat, for the offences punishable under Sections 302, 201 read with sections 34, 114 and 120-B of the Indian Penal Code and section 135 of the BP Act.
2. Mr.
Dave, Ld. Advocate for the applicant, at the outset, submitted that the applicant is not named in the FIR. My attention was drawn to the certain observations made by the trial Court in the order rejecting bail application of the applicant. It is further submitted that almost similarly situated co-accused has been released on bail by the trial Court. It is further submitted that the case is based upon the circumstantial evidence and considering the observations made by the Sessions Court in the order, such circumstantial evidence has been discussed, but the application came to be mainly dismissed by the Sessions Court that the applicant belongs to other State.
3. Heard learned APP Mr. Nanavati for the respondent-State.
4. Having considered the submissions advanced on behalf of both the sides, so also considering the FIR and the order passed by the Sessions Court rejecting bail application of the applicant- accused, so also considering the fact that in the instant matter, the entire investigation is over and charge-sheet is filed and co-accused has been released by the Sessions Court, this Court is of the opinion that the application deserves to be allowed.
5. Learned counsel for the parties do not press for further reasoned order.
6. In the facts and circumstances of the case, the application is allowed and applicant is ordered to be released on bail in connection with C.R. No. I-207/2011 registered with Puna Police Station, Surat, on executing a bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the Trial Court and subject to the conditions that the applicant 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 his 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 his residence to the Investigating Officer 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.
7. The authorities will release applicant only if not required in connection with any other offence for the time being.
8. 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.
9. Bail bond to be executed before the lower court having jurisdiction to try the case.
10. 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.
Rule is made absolute to the aforesaid extent. Direct service is permitted.
(J.C.
UPADHYAYA, J.) * Pansala.
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