Rule.
Mr.L.B.Dabhi, waives service of rule on behalf of the respondent-State.
Learned advocate, Mr.Jayaprakash Umot, is permitted to file his Vakalatnama on behalf of the complainant.
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 CR No.I-63 of 2011 registered with Thangadh Police Station, for the offence punishable under Sections 436, 455, 323, 504, 506(2) and 34 of IPC.
Heard learned counsel for the applicant, Mr.Virat Popat and Mr.L.B.Dabhi, learned Additional Public Prosecutor for respondent-State.
It is submitted by learned advocate, Mr.Popat that except the offence punishable under Sec.436 IPC, other offences are triable by learned Magistrate. It is also submitted that no injury is caused to any person and the applicant is in jail since 11-2-2012.
It is submitted by learned advocate, Mr.Jayaprakash Umot for the original complainant that victim persons have received amount of compensation from the present applicant and affidavits of those persons are also on record.
In the facts and circumstances of the case and considering the facts that except the offence punishable under Sec.436 IPC, other offences are triable by learned Magistrate and also in view of the statement of the learned advocate of the complainant that the victims have received the compensation from the applicant coupled with the fact that no injury is caused to any person and the applicant is in jail since 11-2-2012, without entering into the merits of the case, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail.
Hence, the applicant is ordered to be released on bail in connection with CR No.I-63 of 2011 registered with Thangadh Police Station, 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) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) furnish the address of his residence to the Investigating Officer and also to the Court with documentary proof of residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
g) surrender his passport, if any, to the lower Court within a week.
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.
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. Direct service is permitted.
At the trial, the trial court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail.
[M.D.SHAH,J.] radhan Top