[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-599 of 2011 registered with Naroda Police Station, Ahmedabad for the offence under sections 467, 468, 471, 406, 420, 114, 294(B), 506(2), 120(B) of Indian Penal Code.
[2] It is submitted by the learned advocate for the applicants accused that considering nature of allegations and role attributed to the applicants, the applicants may be enlarged on bail. It is also submitted by the learned advocate for the applicants accused on instructions that applicants will deposit Rs.3 lacs within 30 days with the Trial Court from the date of release without prejudice to their right.
[3] Heard learned advocates for the respective parties. This Court has gone through the complaint. Considering the nature of allegations and sentence of the alleged offence and the fact that offences are triable by JMFC Court, without entering into the merits of the case this Court is of the opinion that the application deserve to be allowed.
[4] Hence, the application is allowed. The applicants are ordered to be released on bail in connection with C.R.No.I-599 of 2011 registered with Naroda Police Station, Ahmedabad for the offence alleged against them on each executing personal bond of Rs.10,000/- (Rupees ten 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) mark presence before the concerned Police Station on every 1st and 15th of English Calender month between 11.00 a.m. and 2.00 p.m. for two years.
e) not act in a manner injurious to the interest of the prosecution;
f) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
g) 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;
h) surrender passport, if any, to the lower Court within a week.
i) deposit Rs.3 lacs within 30 days from the date of release without prejudice to their rights with the Trial Court.
[5] 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.
[6] 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.
[7] If amount of Rs.3 lacs is deposited with the Trial Court by the applicants, Nazir of the concerned Court shall deposit the said amount in fixed deposit initially for a period of two years.
[8] Rule is made absolute to the aforesaid extent.
Direct service is permitted.
[M.D.Shah, J.] satish Top