[1] By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on regular bail in connection with C.R.No.I-214 of 2011 registered with Jam Khambhaliya Police Station for the offence under Sections 465, 467, 468, 471 and 120B of the Indian Penal Code.
[2] It is submitted that by Mr.Y.S.Lakhani, learned senior advocate for the applicant that charge sheet is filed. It is also submitted that considering the nature of allegations and role attributed to the applicant, the applicant may be enlarged on bail. It is also submitted that if any proceedings is initiated by the complainant for cancellation of sale deed or for cancellation of entry in the revenue record, then, present applicant accused will give full cooperation to the complainant.
[3] This Court has gone through the complaint. It is alleged that main accused - Jitendra who executed alleged sale deed was working with the applicant of Cri.Misc.Appln.No.1159 of 2012 accused before five years and he is mastermind and has provided financial aid to main accused - Jitendra and sale deed is also recovered from his custody. It is also submitted that said applicant has been released on bail by this Court vide order dated 2-4-2012 passed in Cri.Misc.Appln.No. 1159 of 2012 with Cri.Misc.Appln.No.2714 of 2012 and hence, applicant is entitled to be released on bail. Considering this facts and role attributed to the applicant and now the charge sheet is filed, without entering into the merits of the case, prima facie, this Court is of the opinion that this application deserves to be allowed.
[4] Hence the application is allowed. The applicant is ordered to be released on bail in connection with C.R.No.I-214 of 2011 registered with Jam Khambhaliya Police Station for the offence alleged him them on his executing personal 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 abuse 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) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) furnish the address of his residence along with the proof 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;
g) surrender passport, if any, to the lower Court within a week.
[5] If the breach of any of the above conditions is committed, the concerned Court will be free to issue warrant or take appropriate action in the matter.
[6] Bail before the lower Court having jurisdiction to try the case. At the trial, the trial Court shall not be influenced by the observations made by this Court while enlarging the applicant on bail.
[7] Applicant to give full cooperation if any proceedings are initiated by the complainant for cancellation of sale deed or for cancellation of entry in the revenue record.
[8] Rule is made absolute to the aforesaid extent in each of the application. Direct service is permitted.
[M.D.SHAH,J.] radhan Top