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-42 of 2010 registered with Godhra Town "A" Division Police Station for the offences under Sections 406, 420, 467, 471, 201 and 114 of the Indian Penal Code.
2. Heard Mr.Dakshesh Mehta, learned advocate for the applicant. He has read contents of the complaint as well as statement of the witnesses and contended that entrustment and domain over the property to the present applicant is not prima-facie established. The conduct and intention of the present applicant is required to be seen. The present applicant published a public notice in 'Gujarat Samachar' Gujarati daily on 22.8.2009. Mr.Mehta read contents of the public notice and contended that prior to filing of the FIR it was categorically mentioned by the applicant in the public notice that Methodist Teachers Training Women's college is closed and it has come to the notice of the applicant that some people are preparing false documents and giving false promises to the public for giving job and misleading the people. He has read letter dated 15.12.2009 (Annex.G) and contended that defence is already taken by the present applicant. It is also case of the present applicant that he has not made any signature on any papers. He has contended that looking to the evidence produced in charge-sheet no prima facie case is made out against the present applicant. He has prayed that the present applicant is required to be enlarged on bail.
3. Heard Mr.H.L.Jani, learned APP for the respondent State. He has read complaint and statement of the witnesses and vehemently opposed the present application.
4. Prior to filing of the complaint one public notice is published by the present applicant in 'Gujarat Samachar' Gujarati daily on 22.8.2009. I have perused public notice and letter dated 15.12.2009. From contents of the letter dated 15.12.2009 it appears that present applicant has disclosed that he has not signed any document. In that connection Mr.Jani, learned APP has read statement of the present applicant and contended that, applicant has stated before the police that he has signed the document under pressure. I have perused statement of the witnesses, who are cited in charge-sheet and also perused xerox copy of the disputed documents.
5. 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.
6. Considering the above, this Application is allowed. The applicant is ordered to be released on bail in connection with CR No.I-42 of 2010 registered with Godhra Town "A" Division 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 country without the prior permission of the concerned Sessions Judge;
f) 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;
g) surrender his passport, if any, to the lower Court within a week.
7. 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.
8. 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.
9. Rule is made absolute. Direct service is permitted.
(Z.K.SAIYED, J.) kks Top