This is an application preferred under Section 439 of the Code of Criminal Procedure by the applicant, who came to be arrested on 13.3.2012 in connection with CR No. I - 05 of 2012 registered with DCB Police Station, Ahmedabad for the offence punishable under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.
Heard learned advocate Mr. J.M.Panchal with Mr. Kogje for the applicant, learned APP Mr. N.J. Shah for the respondent State and learned advocate Mr. Rajesh R. Dewal for the complainant.
Following aspects are taken into consideration.
Tenor of the complaint, prima-facie reflects that the complainant has dispute with her cousins, since the complainant is not paid her due, out of the sales consideration of the property in question, which was a joint ancestral property, The alleged act is of more than a decade old.
Public notice was published in the newspaper on 30.1.2004, before execution of the sale deed for the property in question, and no objection was raised by the complainant.
In the year 2007, pursuant to the order passed by the competent court under Sec.202 of Cr.P.C., inquiry was conducted by police for the property/ document in question and appropriate report was made in the year 2009 and matter rested there, Civil Suit for the property in question was instituted by the cousins of the complainant, The case against the applicant is dependent mainly on documentary evidence collected, Having heard learned counsel for the parties and considering the facts and circumstances of the case and perusal of the record I am inclined to enlarge the applicant on bail, by imposing suitable conditions.
In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be released on bail in connection with First Information Report being C.R.No.I- 05 of 2012 registered at DCB Police Station, Ahmedabad, on executing bond of Rs.10,000/- [Rupees Ten Thousand Only] with one 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 misuse liberty; and shall co-operate with the investigation;
(b) not act in a manner injurious to the interest of the prosecution;
(c) surrender his passport, if any, to the lower Court within a week;
(d) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
(e) mark his presence at the concerned Police Station on each Monday and Thursday between 11.00 a.m. and 2.00 p.m. until charge sheet is filed and thereafter on each Monday between 11.00 a.m. and 2.00 p.m. for next three months,
(f) furnish the present 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 the Court, The Authorities will release the applicant if he is not required in connection with any other offence for the time being.
If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter.
Bail bond to be executed before the lower Court having jurisdiction to try the case.
During trial, the trial court shall not be influenced by the prima facie observations made by this Court while enlarging the applicant on bail.
Rule is made absolute to the aforesaid extend. Direct Service is permitted.
(PARESH UPADHYAY, J.) ynvyas Top