1. This is an application preferred under Section 439 of the Code of Criminal Procedure by the applicant who came to be arrested in connection with CR No. I-66 of 2007 registered at Chotila Police Station, Surendranagar for the offence punishable under Sections 489-A, B, C, D and E of the IPC.
2. I have heard Mr YJ Patel, learned advocate for the applicant and Mr Devang Vyas, learned APP for the State at length and in great detail. I have considered the role attributed to the applicant as reflected in the FIR as well as the police papers. The orders passed by the Coordinate Bench of this Court in Criminal Misc. Application No. 12758 of 2007 dated 2.11.2007 (Coram : Anant S. Dave, J.) and Criminal Misc. Application No. 15140 of 2007 dated 11.1.2008 (Coram : Anant S. Dave, J.) are perused by me. Considering the aforesaid aspects and since the co-accused are already enlarged on bail, the applicant in my view deserves to be enlarged on bail even on the ground of parity.
3. In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be enlarged on bail in connection with CR No. I-66 of 2007 registered at Chotila Police Station, Surendranagar 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 he shall:
[a] not take undue advantage of his liberty or abuse his liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] surrender his passport, if any, to the lower Court within a week;
[d] not leave the State of Gujarat without the prior permission of the Sessions court concerned;
[e] mark his presence at the concerned Police Station on any day of every first week of English calendar month between 9.00 AM and 2.00 PM. till the trial is over;
[f] furnish the present address of his residence to the I.O. and also to the Court at the time of execution of the bond and shall not change his residence without prior permission of this Court;
[g] maintain law and order.
4. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or to take appropriate action in the matter.
5. Bail bond to be executed before the lower Court having jurisdiction to try the case.
6. 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.
7. Rule is made absolute to the extent indicated hereinabove.
Direct service is permitted.
[H.B.ANTANI, J.] mrpandya Top