This application is preferred under Section 439 CrPC in connection with First Information Report registered as I-C.R. No. 130 of 2011 with Mahemdabad Police Station, Dist. Kheda for the offences punishable under Sections 120(b), 465, 467, 468, 471, 406 and 420 of the Indian Penal Code.
Learned advocate appearing for the applicant submitted that the applicant is alleged to have signed as witness in the agreement to sale, which is a subject matter of the dispute between the complainant and accused with regard to land bearing survey No. 124. It is submitted that similarly situated co-accused were willingness to deposit the amount as directed by the Court before the Trial Court have been ordered to be released on bail. Accordingly, this applicant also undertakes to deposit a sum of Rs. 2,00,000/= [rupees two lacs} with regard to concerned agreement to sale before the Trial Court within three months from the date of their release. Hence, the applicant may be enlarged on bail.
Heard learned APP Ms. R.C Kodekar for the respondent-State.
Having heard learned advocates 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 applicant, by imposing suitable conditions, this Court deems it just and proper to enlarge the applicant on bail.
Learned Counsels for the parties do not press for further reasoned order.
In the facts and circumstances of the case, the 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. 130 of 2011 with Mahemdabad Police Station, on executing a bond of Rs.10,000/- (Rupees Ten Thousand Only) with one 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 liberty or misuse liberty;
b) not act in a manner injurious to the interest of the prosecution;
c) surrender their passports, if any, to the lower court within a week;
d) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
e) 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;
f) furnish the present address of their 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;
g) shall deposit the sum of Rs. 2,00,000/= {rupees two lacs only} before the trial Court within three months from his release.
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.
{Ms. Sonia Gokani, J.} Prakash* Top