By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicants have prayed to release them on regular bail in connection with CR No.I-65 of 2011 registered with Rajula Police Station for the offence punishable under Sections 465, 467, 468, 471, 120B and 114 of IPC, Heard Mr.M.B.Parikh learned counsel for the applicants and Ms.Krina Calla, learned Additional Public Prosecutor for respondent-State.
It is submitted by learned advocate, Mr.Parikh that only allegation against the present applicants is that though it was within the knowledge price of land is Rs.20.00 lakhs, he purchased it in Rs.101/-. From the document, it appears that he paid stamp duty of Rs.95,000/- with the Sub-Registrar. It is further submitted that after lodging of the complaint, cancelled deed was subsequently executed between the complainant and present applicants and which was also executed with the Sub-Registrar's office and complainant was put in possession of the land. Mr.Parikh has assured that that present applicants will not make any claim over this land in future also.
Considering the above submissions of Mr.Parikh and also when he assured before this Court that the applicants will not make any claim over the lands in future and also when 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 applicants on bail.
Hence, the applicants are ordered to be released on bail in connection with CR No.I-65 of 2011 registered with Rajula Police Station, for the offence alleged against them in this application on each of them executing personal bond of Rs.10,000/- (Rupees Ten thousand only) with one solvent surety each of the like amount to the satisfaction of the trial Court and subject to the conditions that -
a) they shall not take undue advantage of liberty or abuse liberty;
b) they shall not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) they shall maintain law and order and should cooperate the Investigating Officer;
d) they shall not act in a manner injurious to the interest of the prosecution;
e) they shall not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) furnish the address of their residence along with the proof 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 their 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.
[M.D.SHAH,J.] radhan Top