Applicant-Janak @ Jayesh Amrutlal Panchal has preferred this application under Section 439 CrPC for grant of regular bail in connection with complaint being I-C.R No. 341 of 2009 registered at Naranpura Police Station for the offences punishable under Sections 392, 114 & 411 IPC.
Learned advocate Shri Jagdish Satapara appearing for the applicant-accused fervently urged that the chargesheet in the matter has already been filed and the applicant-accused has been enlarged on bail by this Court [Coram : M.D Shah, J.] in connection with the similar offence vide orders dated 8th May 2012 rendered in Criminal Misc. Application No. 6332 of 2012 to 6334 of 2012; and order dated 26th April 2012 rendered in Criminal Misc. Application 5714 of 2012.
It is further submitted by the learned advocate for the applicant that considering the nature of allegations and the role attributed to the applicant; by imposing suitable conditions, applicant-accused can be enlarged on bail.
On having heard learned advocate for the applicant as well as learned APP Shri Nanavati for the respondent-State and taking into considering the fact that for the similar offence, this Court has already enlarged him on bail, this Application is allowed. Applicant-accused is ordered to be released on bail in connection with C.R. No. I-341 of 2009 registered at Naranpura Police Station on executing a bond of Rs. 20,000/- (Rupees Twenty thousand only) with one surety of 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;
(b) not act in a manner injurious to the interest of the prosecution;
(c) surrender passport, if any, to the lower court within a week;
(d) not to leave Gujarat & India without prior permission of the Sessions Judge concerned;
(e) mark presence at the concerned police station on the 1st and 15th of every English Calender month between 11.00 a.m. and 3.00 p.m.;
(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 this Court;
The jail authorities will release the applicant only if not required in connection with any other offence for the time being.
If breach of any of the above conditions is committed, the trial Court concerned will be at liberty 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.
For modification and/or deletion of any of the conditions herein above, the applicant will be at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order in accordance with law.
Rule is made absolute to the aforesaid extent. Direct service is permitted.
(Ms.
Sonia Gokani, J.) Prakash* Top