[1] By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicants have prayed to release them on regular bail in connection with C.R.No.I-27 of 2012 registered with Athva Lines Police Station for the offence under sections 406, 420, 465, 467, 468, 471, 120(B) and 114 of the Indian Penal Code.
[2] It is submitted by Mr.Tanna learned senior advocate for the applicant that considering nature of allegations and role attributed to the applicants, the applicants may be enlarged on bail. It is further submitted by learned senior advocate for the applicants that the applicants are ready and willing to deposit Rs.50 lacs with the trial Court without prejudice to the right of the applicants accused.
[3] It is submitted by Mr.Raju, learned senior advocate for the complainant that prima facie offence is made out and charge sheet is also not filed, therefore, bail application of the applicants may be rejected.
[4] This Court has gone through the complaint. It is alleged that though complainant is partner of the property, without consent of the complainant property was rented to Bata Company by entering into agreement by the applicants accused. At present applicants are ready and willing to deposit Rs.50 lacs with the Trial Court. Considering this facts and considering the role attributed to the applicants, without entering into the merits of the case this Court is of the opinion that the application deserves to be allowed.
[5] Hence, the application is allowed. The applicants are ordered to be released on bail in connection with C.R.No.I-27 of 2012 registered with Athva Lines Police Station for the offence alleged against them on each executing personal bond of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they shall:-
a) not take undue advantage of their liberty or abuse their 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 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;
g) surrender passport, if any, to the lower Court within a week.
i) deposit Rs.50 lacs with the Trial Court within a period of two months from today without prejudice to their right.
[6] 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.
[7] 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 applicants on bail.
[8] On deposit of Rs.50 lacs by the applicants, the Trial Court is directed to invest the same in any nationalized bank for reasonable period or which the Trial Court may think fit.
Rule is made absolute to the aforesaid extent.
Direct service is permitted.
[M.D.Shah, J.] satish Top