1. Present application has been filed by the applicant for grant of regular bail under Section 439 of Cr.P.C. after the charge-sheet is filed.
2. The applicant accused is charged with having committed offences under Sections 465, 467, 468, 471, 406, 420, 120B and 114 of Indian Penal Code for which F.I.R. being CR No.I-14/2010 has been registered with Nakhatrana Police Station.
3. Learned Counsel Mr. Pardiwala submitted that the present applicant accused is alleged to have taken particular person before the Sub Registrar Office for execution of the document and has identified and thus about 34 sale deeds have been executed. Learned Counsel Mr. Pardiwala states that as all the sale deeds have been cancelled by the Civil Court and now the charge-sheet is filed, present application may be allowed.
4. Learned APP Mr. Mengdey resisted the application referring to his role and submitted that he wished to take the person to the Sub Registrar Office for the alleged transactions which have been cancelled.
5. Having heard the learned Counsel Mr. Pardiwala as well as APP and considering the nature of offence, role attributed and also the fact that now the charge-sheet is filed and the case is based on documentary evidence, present application deserves to be allowed subject to the conditions hereinafter.
6. Accordingly, present application stands allowed. The applicant is ordered to be released on regular bail in connection with the F.I.R. being CR No.I-14/2010 registered with Nakhatrana Police Station, on his executing a bond of Rs.5,000/- (Rupees Five Thousand) with one solvent 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 to try to tamper or pressurize the prosecution witnesses or complainant in any manner.
(c) not act in any manner injurious to the interest of the prosecution.
(d) maintain law and order and should cooperate with the investigating officers.
(e) mark his presence before concerned Police Station on 1st Monday of every month of English calender between 11:00 AM to 2:00 PM till the trial commences;
(f) furnish the 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 his residence without prior permission of the Court.
(g) surrender his passport, if any, to the lower Court, within a week.
7. If breach of any of the above conditions is committed, the concerned Sessions Judge will be free to issue warrant or take appropriate action in the matter.
8. 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.
9. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(RAJESH H.SHUKLA, J.) jani Top