Leave to amend.
The present application has been filed by the applicant-accused under Section 439 of Criminal Procedure Code for regular bail.
The applicant accused is charged with having committed offences under Sections 379, 120(B), 201, 411 and 114 of the Indian Penal Code, for which, FIR being I-C.R.No.26/2009 has been lodged at Sayala Police Station.
Learned counsel, Mr.E.E. Saiyed for the applicant-accused submitted that the applicant-accused is alleged to have involved in the offence. He, however, submitted that as now the chargesheet has been filed and other co-accused has been released on bail as per the order passed in Criminal Mis.c Application No.9385/2009 dated 25.08.2009, the present application may be allowed.
Learned A.P.P., Mr.H.L. Jani resisted the present application and submitted that there is another offence registered against him. He further submitted that though only one offence is registered for the dismental of the dumper, he is a habitual offender. He alternatively submitted that if the Court is inclined to release the applicant-accused on bail then, strict condition may be imposed and if any offence is registered against him, same should be a valid ground for cancellation of bail.
Having regard to the nature of offences, manner in which it is alleged to have been committed, role attributed and also considering the fact that other co-accused has been released on bail as stated above and the chargesheet has now been filed, the present application deserves to be allowed. However, in light of the submission made by learned A.P.P. raising apprehension, appropriate conditions are required to be imposed.
Accordingly, present application stands allowed. The applicant viz., Gulamhussain @ Kallu Haji Liyaqat Shaikh is ordered to be released on regular bail in connection with I-C.R.No.26/2009 registered with Sayala Police Station on his executing a bond of Rs.5,000/- (Rupees Five Thousand Only) 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 the investigating officers.
(e) 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.
(f) surrender his passport, if any, to the lower Court, within a week.
(g) mark his presence before concerned Police Station on every Tuesday of every calender month between 11:00 AM and 2:00 PM till the trial is over.
If any offence is registered against the applicant-accused, it would be a ground for cancellation of bail.
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.
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 to the aforesaid extent. Direct service permitted.
(RAJESH H.SHUKLA, J.) /patil Top