This application has been filed under Section 439 of the Code of Criminal Procedure, 1973, to release the applicant on regular bail in connection with CR No.I-116 of 2011 registered with Thasra Police Station, for the offence punishable under Sections 408, 419, 420, 465, 468, 469, 471 and 114 of IPC.
Heard learned counsel, Mr.Tejas Barot for the applicant and Ms.C.M.Shah, learned Public Prosecutor for respondent-State.
It is submitted by learned counsel, Mr.Tejas Barot for the applicant that the applicant has already paid Rs.3,44,557/- and is now ready and willing to pay Rs.17.00 lakhs within four months of his release, without prejudice to the applicant's rights and contentions. It is also submitted that charge sheet is filed since long and applicant is in custody since 8-11-2011.
In view of the fact that the applicant has shown readiness and willingness to pay the amount as aforesaid and as he has already paid about Rs.3.50 lakhs coupled with the facts that the charge sheet is filed and the applicant is in custody since last more than five months, a case is made out for bail. In the facts and circumstances of the case, without entering into the merits of the case, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail.
The applicant is therefore ordered to be released on bail in connection with CR No.I-116 of 2011 registered with Thasra Police Station for the offence alleged against him in this application on his executing a bond of Rs.20,000/- (Rupees twenty 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) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) furnish the address of his residence to the Investigating Officer and also to the Court with documentary proof of residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
g) surrender his passport, if any, to the lower Court within a week; and
h) pay Rs.17.00 lakhs (Rupees Seventeen Lakhs only) to the Society within four months of his release, without prejudice to the rights and contentions of the parties.
If the applicant fails to pay Rs.17.00 lakhs within four months of his release, his bail bond will stand cancelled automatically.
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.
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. Rule is made absolute. Direct service is permitted.
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.
[M.D.SHAH,J.] radhan Top