Rule.
Mr.Nanavati, learned APP appears and waives service of notice for respondent - State.
The instant application is filed seeking regular bail under Section 439 of the Code of Criminal Procedure in connection with Pavagadh police station CR No.I-31 of 2012 for the offence punishable under Section 394 of the IPC.
Mr.Dave, learned advocate for the applicant at the outset submitted that considering the FIR itself, it becomes clear that the applicant - accused himself assisted the complainant and took him to the house of the Sarpanch and, thereafter, along with the complainant and Sarpanch, it was the applicant, who went to the police station, where the FIR came to be lodged. It is, therefore, submitted that considering such conduct of the applicant, which emerges from the FIR itself, he is wrongly involved in this incident. Mr.Dave, learned advocate submitted that Rs.1000/- cash amount came to be recovered from the applicant, but neither the mobile phone nor the motorcycle came to be recovered from him.
Heard Mr.Nanavati, learned APP for the respondent - State.
Having considered the facts and circumstances of the case and the submissions advanced on behalf of both the sides, so also considering the FIR and more particularly considering the conduct emerging from the FIR, this application deserves to be allowed.
Learned counsel 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 Pavagadh police station CR No.I-31 of 2012, 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 liberty or misuse liberty;
(b) not act in a manner injurious to the interest of the prosecution;
(c) surrender passport, if any, to the lower court within a week;
(d) not leave India 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 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 not required in connection with any other offence for the time being.
If breach of any of the above conditions is committed, the trial Court 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.
For modification and/or deletion of any of the conditions herein above, the applicant/s will be at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order 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. D.S. Permitted.
(J.C.UPADHYAYA, J.) (binoy) Top