The present application has been filed by the applicant-accused under Section 439 of Criminal Procedure Code for regular bail after filing of the chargesheet.
The applicant-accused is charged with having committed offences under Sections 25(1)(b)(a) and 25(1)(aa) of the Arms Act and under Section 135 of the Bombay Police Act, for which, FIR being II-C.R.No.94/2009 has been lodged at Kutiyana Police Station.
Learned Senior Counsel, Mr.P.M. Thakkar for the applicant submitted that as per the prosecution case, the applicant was travelling in car, from which, one country made weapon was found in pouch. He submitted that the offences are triable by the Court of Magistrate and the maximum punishment is three years. He, therefore, submitted that considering the nature of offence and the fact that the remand is over and the chargesheet has been filed, the present application may be allowed.
Learned A.P.P., Mr.Shukla for the State resisted the present application and submitted that the applicant is having criminal antecedents and there are 15 cases registered against him and it is not only confined to Porbandar but even other areas. Therefore, the present application may not be entertained.
In rejoinder, learned senior counsel, Mr.Thakkar submitted that now only four cases are pending and, therefore, subject to any condition, the present application may be allowed.
In view of the rival submission, it is required to be considered whether the present application can be entertained or not.
It is well accepted that the Court is not required to appreciate and scrutinize the evidence in detail at this stage. However, for considering the prima-facie case, the relevant aspects like the nature/gravity of the offence, manner in which it is alleged to have been committed, role attributed, weapon used etc. are required to be considered. In the facts of the present case, the remand is over, chargesheet has been filed and the case is trial by the Court of Magistrate. At the same time, considering the antecedents, suitable condition is also required to be imposed. Therefore, the present application deserves to be allowed.
Accordingly, present application stands allowed. The applicant is ordered to be released on regular bail in connection with II-C.R.No.94/2009 registered with Kitiyana Police Station on his executing a bond of Rs.5,000/- (Rupees Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the lower 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 pressurize the prosecution witnesses or complainant in any manner.
(c) not act in any manner injurious to the interest of the prosecution.
(d) maintain law and order and should cooperate the investigating officers.
(e) 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 his residence without prior permission of the Court.
(f) surrender his passport, if any, to the lower Court, within a week.
(g) mark his presence before concerned Police Station 1st day of every calender month between 11:00 AM and 2:00 PM till the trial commences.
(h) not enter into the local limits of Porbandar Taluka without prior permission of this Court for a period of six months, but for marking presence and for attending the Court in connection with the case, he will be free to enter the limits for a period to that extent necessary and will leave the limits soon thereafter;
If breach of any of the above conditions is committed, the concerned Sessions Judge 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 to the aforesaid extent. Direct service permitted.
(RAJESH H.SHUKLA, J.) /patil Top