Rule.
Ms.C.M.Shah, waives service of rule on behalf of the respondent-State.
By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on regular bail in connection with CR No.II-9 of 2012 registered with Sachin Police Station, for the offence punishable under Sections 3 and 6 of Indian Passport Rules Entry to India and Sec.3(1)(2)(a)(g) of Foreigners Act.
Heard Mr.P.P.Majmudar, learned counsel for the applicant and Ms.C.M.Shah, learned Additional Public Prosecutor for respondent-State.
Mr.Majmudar, learned counsel for the applicant, has contended that as per the Unique Identification Card issued by the Central Government, the applicant is residing with his family at Ahmedabad. He has produced xerox copy of the relevant document. According to him, the maximum sentence awardable is five years and hence, sought to release the applicant on bail on suitable conditions.
The concerned Police Officer has stated that he visited the place and found that present applicant is residing with his family. However, as per the instructions of this Court, when the Police Officer visited the place, they could not find the applicant and family at Ahmedabad as they went to Surat.
It is to be noted that maximum sentence prescribed for the alleged offence is five years. It is to be noted charge sheet is filed now and the applicant is in custody since 6-1-2012, without entering into the merits of the case, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail.
Hence, the applicant is ordered to be released on bail in connection with CR No.II-9 of 2012 registered with Sachin Police Station, for the offence alleged against him in this application on his executing a bond of Rs.20,000/- (Rupees twenty 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 his liberty or abuse his liberty;
b) not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) maintain law and order and should cooperate the Investigating Officer;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) mark presence before the Sachin Police Station once in a month more particularly between 1st and 10th of month between 10.00 a.m. and 2.00 p.m. for four months;
g) furnish the address of his residence to the Investigating Officer and also to the Court with documentary proof of residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
h) surrender his passport, if any, to the lower Court within a week.
If the breach of any of the above conditions is committed, the concerned Court will be free to issue warrant or take appropriate action in the matter.
Bail before the lower Court having jurisdiction to try the case. It would be open to the trial Court concerned to give time to furnish the solvency certificate if prayed for. Rule is made absolute. Direct service is permitted.
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.
[M.D.SHAH,J.] radhan Top