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 M.Case No.1 of 2011 registered with Limbasi Police Station, for the offence punishable under Sections 465, 467, 468, 471 and 114 of the Indian Penal Code.
Heard learned counsel for the applicant and learned Additional Public Prosecutor for respondent-State.
It is submitted by Mr.Saurabh G. Amin that the allegation against the applicant is that the applicant has disclosed the false facts before the Talati and pedigree of father of the complainant was prepared and on the basis of this pedigree, he wanted to insert name of his father in the revenue record. It is also submitted that the charge sheet is filed and objected entry which was made on the basis of this false pedigree was quashed and set aside. It is further submitted that the case is triable by learned Magistrate and now the charge sheet is filed.
It is to be noted that charge sheet is filed in the present case and it is within the jurisdiction of Magistrate to conduct the trial. It is also noted that the objected entry which was made on the basis of the false pedigree given by the applicant was quashed and set aside. In the facts and circumstances of the case and now the charge-sheet is filed, 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 M.Case No.1 of 2011 registered with Limbasi Police Station, for the offence alleged against him in this application on his executing a bond of Rs.25,000/- (Rupees twentyfive 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) furnish the 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) 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