1. Rule.
Mr.R.C.Kodekar, learned APP waives service of notice of rule on behalf of respondent State.
By way of the present application, the applicant who had been enlarged on bail vide order dated 12.12.2003 passed in Criminal Misc. Application No. 10058 of 2003 and subsequently, was arrested for non-complying the condition of marking his presence, has prayed to release him on bail. Mr.H.R.Prajapati, learned advocate for the applicant submitted that as per the condition, the applicant has already paid an amount of Rs.2,00,000/- (Rupees Two Lacs Only) before the concerned Trial Court, however, he could not mark his presence to concerned police station because of harassment by his brother, who is in police department. The case is a triable by the learned Magistrate. The applicant is ready and willing to comply any conditions imposed by this Court while releasing him on bail during pendency of the trial.
3. Mr.
R.C.Kodekar, learned APP submits that strict conditions may be imposed upon the applicant while releasing him on bail.
4. Considering the above all aspects, I am of the opinion that the application requires consideration and accordingly is allowed. The applicant is ordered to be released on bail in connection with C.R. No. I 215 of 2003 with Nadiad Town Police Station, Kheda on executing a bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one local 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 act in a manner injuries to the interest of the prosecution;
[c] surrender passport, 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 any of the day of the first week of each month till the trial is over.;
[f] furnish the present address of residence to the I.O. 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 he is 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. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law. 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 is made absolute to the aforesaid extent. Direct service is permitted.
(A.J.DESAI, J.) *Kazi Page 3 of 3