The present Criminal Miscellaneous Application has been filed by the Applicant accused under Section 439 of the Criminal Procedure Code for grant of regular bail on the grounds stated in the Application.
Heard learned Advocate Mr. U.M.Shastri for the Applicant and learned APP Mr. H.L.Jani for the Respondent - State.
Learned Advocate Mr. Shastri for the Applicant has stated that the Applicant had been released on bail and the Sessions Case No. 53 of 2009 is pending. However, as he could not remain present on two occasions, the bail has been refused after his arrest pursuant to the non-bailable warrant.
Learned APP Mr. H.L.Jani submitted that one of the aspect which is required to be considered is that the presence of the accused has to be secured for the purpose of trial and admittedly he has not remained present at the time of trial of Sessions Case No.53 of 2009 before the learned Additional Sessions Judge, Panchmahal which lead to the consequences of his arrest.
Learned Advocate Mr. Shastri for the Applicant accused submitted that the Applicant accused shall file an undertaking before this Court as well as before the Sessions Court that he shall now not remain absent and shall also state that if there is any genuine reason like medical ground, necessary supportive evidence like medical certificate shall be produced.
In view of this, the present Application deserves to be allowed as the Applicant was already released, but because because of his lapse, he was arrested. It is in these circumstances, considering the nature of offence as well as the fact that the Applicant was earlier released and he has undertaken to remain present henceforth, the present Application deserves to be allowed and accordingly stands allowed subject to the conditions. It is also made clear that if this attitude persists, it will be an additional ground for declining the bail and any prayer for indulgence would not be entertained.
The applicant -
HANIFBHAI GULAMBHAI SHEKH is ordered to be released on bail in connection with I-CR No. 105 of 2008 registered with Santrampur Police Station, on his executing a bond of Rs.10,000/- (Rupees Ten Thousand), 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) mark his presence before Santrampur Police Station on every 1st day of calendar month between 11:00 AM to 2:00 PM.
(f) furnish an undertaking before the Trial Court that he will remain present without any default and even if there is medical reason or he is not well, the medical certificate shall be tendered before the Court.
(g) 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.
(h) surrender his passport, if any, to the lower Court, within a week.
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.
Direct service permitted.
(Rajesh H.Shukla,J) Jayanti* Top