1. Present application has been filed by the applicant for grant of regular bail under Section 439 of Cr.P.C. after the charge-sheet is filed.
2. The applicant accused is charged with having committed offences punishable under Section 25(1)(B)(A) and 27(1) of the Arms Act and under Section 135 of the B.P.Act for which F.I.R. being CR No.II-3326/2009 has been registered with Anand Town Police Station.
3. Learned Advocate Mr. Anandjiwala referred to the FIR and submitted that the investigation is over and the charge-sheet is filed and the other co-accused from whom the fire arm has been recovered has been released as per the order passed in Criminal Misc. Application No. 1437 of 2010 dated 16.04.2010. He, therefore, submitted that considering the role attributed to the present applicant, present application may be allowed. He has further submitted that the applicant is said to have been involved in other cases in which also the Court has released him and therefore the present application may be allowed.
4. Learned A.P.P. Mr. Mengdey strongly objected the present application and submitted that the applicant has been released in other serious offences. However, the other co-accused from whom the weapon recovered is in fact supplied by the present applicant and therefore the present application may not be allowed.
5. In view of the rival submissions,it is required to be considered whether the present application can be entertained or not.
5.1. It is well accepted that at this stage the Court is not required to appreciate and scrutinize the evidence in detail. Therefore, considering the nature of offence the role attributed to the applicant is that he had accompanied for supply of the weapon to the co-accused who has been released as stated above as per the order passed in Criminal Misc. Application No. 1437 of 2010 dated 16.04.2010 and also considering the fact that charge-sheet has now been filed, the present application deserves to be allowed in light of the guidelines for grant of bail subject to the conditions hereinafter.
6. Accordingly, present application stands allowed. The applicant is ordered to be released on regular bail in connection with the F.I.R. being CR No.II-3326/2009 registered with Anand Town Police Station, on his executing a bond of Rs.5,000/- (Rupees Five 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 with the investigating officers.
(e) mark his presence before concerned Police Station on 1st Monday of every month of English calender between 11:00 AM to 2:00 PM till the trial commences;
(f) 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.
(g) surrender his passport, if any, to the lower Court, within a week.
7. 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.
8. 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.
9. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(RAJESH H.SHUKLA, J.) jani Top