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-72 of 2011 registered with Shyamlaji Police Station for the offence punishable under Sections 380, 452 and 436 of IPC and Sec.135 of B.P.Act.
Heard learned counsel, Mr.Unwala for the applicants, learned Additional Public Prosecutor, MR.J.K.Shah for respondent-State and learned counsel, Mr.A.M.Dagli for the complainant.
It is submitted by learned advocate for the applicants that involvement of the applicants in the crime in question is not established. It is also submitted that no injury is caused to any person and only damage is caused. According to him, all the offences except the offence under Sec.436 are triable by learned Magistrate. It is also submitted that the applicants have no antecedence and they are in jail since 19-11-2011.
Learned APP, Mr.J.K.Shah has submitted that prima facie involvement of the applicants in the crime is established as substantial damage to property as well as agricultural crops is suffered to the complainant and hence, it is submitted that applicants may not be released on bail.
In the facts and circumstances of the case and considering the fact that no injury is caused to any person except causing damage to the property coupled with the fact that except the offence punishable under Sec.436, all other offences are triable by learned Magistrate, 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-72 of 2011 registered with Shyamlaji Police Station, for the offence alleged against them in these applications on each of them executing personal bond of Rs.20,000/- (Rupees twenty 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) they shall mark presence before the Shyamalaji Police Station once in a month more particularly between 1st and 5th of month between 10.00 a.m. and 2.00 p.m. for one year;
g) 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;
h) 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