1. This Application has been preferred under Section 439 of the Code of Criminal Procedure, 1973 in connection with the offence being CR No.I-184 of 2011 registered with Chandkheda Police Station, Gandhinagar for the offences u/s. 406, 420, 467, 468, 471, 114 and 120(B) of the Indian Penal Code.
2. Heard Mr.Chetan Raval, learned advocate for the applicant. He has submitted that the applicant has deposited Rs.1 lac with the Bank. The co-accused has been released by this Court. He has submitted, under instruction of the applicant, that the applicant is ready to deposit Rs.1 lac with the Bank within one month from the date of release. He has submitted that the applicant may be granted bail on the ground of parity. Therefore, he has prayed to release the applicant on bail.
3. Heard Ms. Jirga Jhaveri, learned APP for the respondent State and Mr.P.M.Dave, learned advocate for the complainant. Ms.Jhaveri and Mr.Dave have vehemently opposed the present application.
4. Having heard the learned advocate for both the sides and looking to the facts that in this case public money is involved but when the applicant is ready to deposit Rs.1 lac within one month and looking to the jail period of the applicant, I am inclined to grant bail to the applicant.
5. Considering the above, this Application is allowed. The applicant is ordered to be released on bail in connection with CR No.I-184 of 2011 registered with Chandkheda Police Station, Gandhinagar for the offence alleged against him in this Application on his 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 his liberty or abuse his liberty;
b) not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) maintain law and order and should cooperate the Investigating Officer;
d) not act in a manner injurious to the interest of the prosecution;
e) shall deposit Rs.1 lac with the Bank on or before dated 19.7.2012, failing which bail granted to the applicant shall automatically stands cancelled.
f) not leave the country without the prior permission of the concerned Sessions Judge;
g) furnish the address of his 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;
h) surrender his passport, if any, to the lower Court within a week.
6. If the 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.
7. 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.
8. Rule is made absolute. Direct service is permitted.
(Z.K.SAIYED, J.) kks Top