This application is filed under Section 439 of the Code of Criminal Procedure in connection with First Information Report registered as I-C.R. No.10/2012 with Shethvadala Police Station, Jamnagar for the offences punishable under Sections 120(B), 188, 379, 403, 420 and 467 of the Indian Penal Code, under Sections 3, 5 and 6 of the Gujarat Minerals (Prevention of Illegal Mining Transportation and Storage) Rules, 2005 and under Sections 4 and 68 of the Gujarat Minor Mineral Relaxation Rules, 2010.
Heard Mr.P.K. Soni, learned counsel for the applicant and Mr.K.P. Raval, learned Additional Public Prosecutor for the respondent-State.
Mr.Soni, learned counsel appearing for the applicant submits that looking to the F.I.R., ingredient of Sections 379, 406 and 415 of the Indian Penal Code is not established. He has also contended that prima-facie, involvement of the applicant is not established in the present offence. He has further contended that co-accused has already been released on bail by this Court vide order dated 26th April, 2012. The applicant is on same footing and therefore, he has prayed for parity. He, therefore, contended that looking to the overall facts of the case, present applicant may kindly be enlarged on bail.
Heard learned Additional Public Prosecutor Mr.Raval and also perused papers produced before me.
In the facts of the case, present application is allowed and the applicant is ordered to be released on bail in connection with First Information Report registered as I-C.R. No.10/2012 with Shethvadala Police Station, Jamnagar, on executing a 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 he shall;
a) not take undue advantage of liberty or misuse liberty;
b) not try to tamper or pressurize the prosecution witnesses or complainant in any manner;
c) not act in a manner injurious to the interest of the prosecution;
d) surrender his passport, if any, to the lower court within a week;
e) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) mark presence at the concerned Police Station on the first Sunday of every month between 10.00 a.m. and 3.00 p.m. for three months only;
g) furnish the present 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 the residence without prior permission of this Court;
The 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 Sessions Judge concerned will be free 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.
At the trial, the Trial Court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail. Rule made absolute.
Direct Service is permitted.
(Z.
K. Saiyed, J) Anup Top