[1] 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 C.R.No.I-289 of 2009 registered with Mehsana City Police Station, Mehsana for the offence under sections 395, 397, 427 of Indian Penal Code and under sections 3 and 7 of Essential Commodities Act.
[2] It is submitted by learned advocate for the applicant that though the applicant was in judicial custody, he was arrested in reference to present criminal case and he was shown as absconding. It is also submitted that through transfer warrant present applicant was arrested. It is submitted by the learned advocate for the applicant accused that considering nature of allegations and role attributed to the applicant, the applicant may be enlarged on bail. Applicant had preferred bail application before the Sessions Court and the said application was rejected and thereafter, the applicant had preferred application before this Court and this Court vide order dated 13.03.2012 had passed the order to the effect that if trial is not completed within three months, then, the applicant is at liberty to file fresh application for bail. It is submitted by learned advocate for the applicant that till today, trial has not commenced and near future also there is no possibility that trial will be completed. It is also submitted that applicant is permanent resident at the address shown in the cause title.
[3] This Court has gone through the complaint. Other accused are released on bail. As present applicant accused was shown as absconding, Sessions Court rejected his bail application. No muddamal is recovered from the present applicant accused. No TI parade is held. Considering this facts and role attributed to the present applicant and now the charge sheet is filed, without entering into the merits of the case this Court is of the opinion that the application deserves to be allowed.
[4] Hence, the applicant is ordered to be released on bail in connection with C.R.No.I-289 of 2009 registered with Mehsana City Police Station for the offence alleged against him on the applicant executing personal bond of Rs.25,000/- (Rupees twenty five 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) mark presence before the concerned Police Station on every 1st and 15th of English Calender month between 11.00 a.m. and 2.00 p.m. till the trial is over.
e) not act in a manner injurious to the interest of the prosecution;
f) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
g) furnish the address of 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;
h) surrender passport, if any, to the lower Court within a week.
[5] 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.
[6] Bail before the lower Court having jurisdiction to try the case. At the trial, the trial Court shall not be influenced by the observations made by this Court while enlarging the applicant on bail. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
[M.D.Shah, J.] satish Top