[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-96 of 2011 registered with Dhrol Police Station for the offence punishable under Sections 399, 402 of the Indian Penal Code and under section 135(1) of the Bombay Police Act.
[2] It is submitted by the learned advocate for the applicants accused that charge sheet is filed. It is also submitted that considering nature of allegations and role attributed to the applicants, the applicants may be enlarged on bail. It is also submitted that the applicant is in jail.
[3] Before the applicants committed robbery, they were arrested with the weapons. Considering the nature of allegations and role attributed to the present applicants, 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 applicants on bail.
[4] Hence, the applicants are ordered to be released on bail in connection with C.R.No.I-96 of 2011 registered with Dhrol Police Station for the offence alleged against them, on each executing personal bond of Rs.20,000/- (Rupees twenty 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 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 Dhrol Police Station on every 1st of English Calender month between 11.00 a.m. and 2.00 p.m. for one year.
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 applicants on bail. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
[M.D.Shah, J.] satish Top