1. This Application has been preferred under Section 439 of the Code of Criminal Procedure, 1973 in connection with the offence being CR No.I-130 of 2011 registered with Mahemdabad Police Station, Dist.Kheda for the offences u/s. 465, 467, 468, 471, 406, 420 and 120(b) of the Indian Penal Code.
2. Heard Mr.Y.U.Malek, learned counsel for the applicant. He has submitted that this is the land transaction between the parties and it is civil matter, but the complainant has lodged criminal complaint to pressurize owner and take away land. He has submitted that this Court in Criminal Misc. Application No.17464 of 2011 vide order dated 13.1.2011 released co-accused on bail. He has submitted that the applicant will deposit Rs.1,52,000/- within one week before the Court. He has prayed to grant bail to the present applicant.
3. Heard Mr.H.L.Jani, learned APP for the respondent State. Mr.Nanavati has vehemently opposed the present application. He has submitted that this is a serious offence and bail cannot be granted to the present applicant.
4. Having heard the learned Counsel for both the sides and looking to the facts and circumstances of the case, statement of the witnesses, gravity of the offence and quantum of punishment and the fact there is no definite allegation made against the applicant, I am inclined to grant bail to the applicant.
5. Considering the above, this Application is allowed. The applicant is ordered to be released on bail in connection with CR No.I-130 of 2011 registered with Mahemdabad Police Station, Dist.Kheda, for the offence alleged against him in this Application on his executing a 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 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) not act in a manner injurious to the interest of the prosecution;
e) will deposit Rs.1,52,000/- within one week before the Court. If he fails to deposit the said amount within time the bail shall stands automatically cancelled.
f) not leave the country without the prior permission of the concerned Sessions Judge;
g) furnish the address of his residence to the I.O. 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 his passport, if any, to the lower Court within a week.
6. If the 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.
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.
8. Rule is made absolute. Direct service is permitted.
(Z.K.SAIYED, J.) kks Top