[1] Rule.
Mr.L.B.Dabhi, learned APP waives service of rule on behalf of the respondent - State.
[2] 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 C.R.No.I-21 of 2012 registered with Kalyanpur Police Station, for the offence punishable under Sections 379 and 120-B of the Indian Penal Code, Section 4(1), 4(1)A of the Mines and Minerals (Regulation and Development) Act read with Rule 68 of Gujarat Mines and Minerals Concession Rules, 2010 as well as Rule 3, 5 and 6 of the Gujarat Mineral Rules, 2005.
[3] It is submitted that by learned advocate for the applicants that the applicants are innocent and falsely involved in the offence. It is also submitted by the learned advocate for the applicants that charge sheet is filed. It is further submitted that other accused are released on bail by this Court. Therefore, learned advocate for the applicants has prayed to enlarged the applicants on bail.
[4] I have heard both the counsel and perused the record. Considering the facts and circumstances of the case, punishment prescribed for the alleged offence being maximum two years and also considering the role attributed to the applicants and now the charge sheet is filed, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicants on bail.
[5] Hence, the applicants are ordered to be released on bail in connection with C.R.No.I-21 of 2012 registered with Kalyanpur Police Station, for the offence alleged against them, on each executing personal bond of Rs.10,000/- (Rupees Ten thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they shall-
a) not take undue advantage of liberty or abuse liberty;
b) shall not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) shall maintain law and order and should cooperate the Investigating Officer;
d) shall not act in a manner injurious to the interest of the prosecution;
e) shall not leave the State of Gujarat without prior permission of the Court 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 passport, if any, to the lower Court within a week.
[6] 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.
[7] 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 to the aforesaid extent. Direct service is permitted.
[M.D.SHAH, J.] satish Top