[1] By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on regular bail in connection with C.R.No.I-38 of 2001 registered with Navsari Town Police Station for the offence punishable under Sections 394, 397, 120B, 411 of the Indian Penal Code and under section 25(1),B,A of the Arms Act and under section 135 of the Bombay Police Act.
[2] It is submitted by the learned advocate for the applicant accused that charge sheet is filed. It is further submitted that considering nature of allegations and role attributed to the applicant, the applicant may be enlarged on bail. It is also submitted that the applicant is in jail.
[3] Incident took place in the year 2001 and complaint was lodged against applicant and other accused. Other accused were arrested and as applicant was not found, he was shown as absconding in the charge sheet. Other accused were acquitted by the Sessions Court in the Sessions Case No.11 - 23 of 2003. Present applicant was arrested on 30.11.2011. It seems that no serious efforts were made by the police for arresting the applicant. In the facts and circumstances of the case and considering the nature of allegations and role attributed to the applicant, and now the charge-sheet is filed, without entering into the merits of the case this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail.
[4] Hence, the applicant is ordered to be released on bail in connection with C.RNo.I-38 of 2001 registered with Navsari Town Police Station for the offence alleged against him on his executing personal bond of Rs.25,000/- (Rupees twenty five 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) 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. till trial is over.
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.
[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 applicant on bail. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
[M.D.Shah, J.] satish Top