1. Learned counsel appearing for the applicants submitted that charge sheet is filed. It is further submitted that considering the nature of allegations and role attributed to the applicants, by imposing suitable conditions, the applicants may be enlarged on bail. It is also submitted that applicants are in jail since 08.09.2011.
2. Heard learned APP for the respondent - State.
3. It is alleged that the present applicants were drivers of the truck which was loaded from the Reliance Company and goods were required to be unloaded at Delhi but the truck never reached Delhi and it was sold out by the present applicants. In similar kind of offence, a complaint was lodged with Jamnagar Police Station and the Sessions Court released the present applicants on bail.
4. Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused, that the offences alleged are triable by learned JMFC, that sufficient evidence is produced by the learned advocate for the applicants regarding the whereabouts and address of this application which shows that they are residing with their family members at Kurla, Mumbai coupled with the fact that charge sheet is filed, a case is made out. Hence, this application is allowed. The applicants are ordered to be enlarged on bail in connection with C.R.No.I-23 of 2011 of Hazira Police Station, District Surat for the offences punishable under sections 407, 465, 467, 468, 471, 120-B and 114 of the Indian Penal Code, on furnishing bond of Rs.25,000/- (Rupees twenty five thousand only) each with one solvent surety of the like amount to the satisfaction of the lower Court and on conditions that the applicants shall :
[a] not take undue advantage of liberty or abuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] maintain law and order;
[d] mark presence before the Hazira Police Station on every 1st and 15th day of English Calender month between 11.00 a.m. and 2 p.m for three months;
[e] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[f] furnish the address of residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
[g] surrender passport, if any, to the Lower Court immediately.
[h] shall produce the documentary proof of his address before the police and the Court, which are produced today before this Court.
5. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.
6. At the trial, the trial court shall not be influenced by the prima facie observations made by this Court while enlarging the applicant on bail.
7. Bail before the Lower Court having jurisdiction to try the case. Rule is made absolute. Direct service is permitted.
( M.D.Shah, J ) srilatha Top