This application is filed under Section 439 of the Code of Criminal Procedure in connection with First Information Report registered as I-C.R. No.64/2011 with Rajula Police Station, Amreli for the offences punishable under Sections 465, 467, 468, 471, 506(2), 120(B), 201 and 114 of the Indian Penal Code.
Learned Counsel Mr. H.S. Tolia appearing for the applicant submits that the applicant may be granted interim bail for a period of minimum four days during which the applicant will take appropriate steps for cancellation of the Sale Deed, which was executed by him in the capacity as a Power of Attorney in favour of Natubhai Golanbhai.
Heard learned Additional Public Prosecutor Ms. Krina Calla for the respondent-State, who has opposed vehemently this application for grant of bail and submitted that the applicant herein is the main accused.
Having heard learned Counsels for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the applicant, by imposing suitable conditions, I deem it just and proper to enlarge the applicant on interim bail till JANUARY 25, 2012.
Learned Counsels for the parties do not press for further reasoned order.
In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be released on interim bail till January 25, 2012 in connection with First Information Report registered as I-C.R. No.64/2011 with Rajula Police Station, Amreli, on 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 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 during the period of interim bail at the concerned Police Station;
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;
The authorities will release the applicant only if not required in connection with any other offence for the time being.
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.
Bail bond to be executed before the lower court having jurisdiction to try the case.
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 made absolute to the aforesaid extent. Direct Service is permitted today.
Matter be listed on January 25, 2012.
Sd/-
(M.D.
Shah, J.) Caroline Top