This Application has been preferred under Section 439 of the Code of Criminal Procedure, 1973 in connection with the offence being CR No.I-70 of 2010 registered with Adalaj Police Station, Gandhinagar for the offences u/s. 406, 420, 426, 467, 468, 471, 477(B) and 120(B) of the Indian Penal Code.
Heard Mr.Ruturaj Nanavati, learned advocate for the applicant. He has submitted that the applicant could not remain present before the trial Court for trial proceedings on 9.3.2012 and therefore, learned trial Court has issued non-bailable warrant against present applicant on 9.3.2012. It is further submitted that on 11.4.2012 the applicant remained present before the learned Chief Judicial Magistrate, Gandhinagar, and filed application for cancellation of the non-bailable warrant. It is submitted that the learned trial Court has rejected that application and put the applicant behind the bar on 11.4.2012. He has prayed to grant bail to the present applicant.
Heard Mr.Tattvam K.
Patel, learned advocate for the complainant. He has contended that as per order dated 25.11.2011 of the Hon'ble Apex Court so far as trial is concerned, it is to be completed within six months period. The present applicant is avoiding trial before the trial Court. He has contended to reject present application of the applicant.
Heard Ms.Jirga Jhave, learned APP for the respondent State. She has contended that from the rojkam it appears that applicant did not remain present before the trial Court many a times and in the result non-bailable warrant was issued. She has prayed for rejection of the present bail application of the applicant.
Heard learned advocate for both the parties. I have gone through the papers as well as order dated 25.11.2011 of the Hon'ble Apex Court. From the papers it appears that the original accused No.3 was released by this Court vide order dated 23.8.2010 passed in Criminal Misc. Application No.9767 of 2010. It is required to be noted that the Apex Court has not considered the case of the complainant for cancellation of bail of the present applicant. It is true that due to negligence on the part of the applicant he could not appear before the trial Court and non-bailable warrant was issued. The applicant is behind the bar for the last three months.
Considering the above, this Application is allowed. The applicant is ordered to be released on bail in connection with CR No.I-70 of 2010 registered with Adalaj Police Station, Gandhinagar for the offence alleged against him in this Application on his executing a 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 on conditions that, (i) he shall mark presence before the concerned Police Station on every Friday of the month till the trial is completed and (ii) he shall appear before the trial Court on every date of hearing and also the conditions which were earlier imposed while granting bail vide order dated 23.8.2010 passed in Criminal Misc. Application No.9767 of 2010.
The trial Court is directed to dispose of the matter as per direction of Hon'ble Supreme Court.
Rule is made absolute.
Direct service is permitted.
(Z.K.SAIYED, J.) kks Top