Rule.
Mr. Nanavati, Ld. APP appears and waives service of rule for the respondent - State.
1. This application is filed under Section 439 of the Code of Criminal Procedure in connection with First Information Report registered as C.R. No. I-130 of 2011 with Mahemdabad Police Station for the offences punishable under Sections 465, 467, 468, 471, 406, 420 and 120-B of the Indian Penal Code.
2. It is submitted that the applicant is the original accused No. 18 and he along with other co-accused, the amount of Rs.3 lac towards agreement was recovered and except that, the applicant has no other role with regard to other transaction. It is further submitted that most of the co-accused persons are released on bail in this matter and the orders qua them passed by this Court are annexed at Annexure-B colly, which are taken into consideration. Mr. Dagli, Ld. Advocate for the applicant submits that the applicant is ready and willing to deposit Rs.1.50 lac before the trial Court within 3 [three] months from the date of her release.
3. Heard learned APP Mr. Nanavati for the respondent-State.
4. Having heard learned counsel for the parties, perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the applicant and considering the overall aspects along with other attending circumstances, by imposing suitable conditions, the applicant is ordered to be enlarged on bail.
5. Learned counsel for the parties do not press for further reasoned order.
6. In the facts and circumstances of the case, the application is allowed and applicant is ordered to be released on bail in connection with First Information Report registered as C.R. No. I-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 the applicant 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 his 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 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 his 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) deposit Rs.1,50,000/- before the trial court within 3 [three] months after her release.
7. The authorities will release applicant only if not required in connection with any other offence for the time being.
8. 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.
9. Bail bond to be executed before the lower court having jurisdiction to try the case.
10. 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.
11. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(J.C.
UPADHYAYA, J.) * Pansala.
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