Rule.
Learned APP Mr.Dabhi waives service of notice of rule for the respondent.
1. Learned counsel appearing for the applicant submitted that considering the nature of allegations and role attributed to the applicant, by imposing suitable conditions, the applicant may be enlarged on bail. It is also submitted that applicant is in jail since 2.4.2012.
2. Heard learned APP for the respondent - State.
3. It is alleged that the present applicant was driver at the relevant time of truck and some of the goods were unauthorizedly sold at a lesser price than another persons and by that committed the alleged offences.
4. Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused, that the offences alleged are triable by learned JMFC and the sentence prescribed for the said offences, a case is made out. Hence, this application is allowed. The applicant is ordered to be enlarged on bail in connection with C.R.No.I-53 of 2012 of Anjar Police Station, District Kutch for the offences punishable under sections 407 and 114 of the Indian Penal Code, on furnishing bond of Rs.25,000/- (Rupees twenty five thousand only) with one local solvent surety of the like amount to the satisfaction of the lower Court and on conditions that the applicant shall :
[a] not take undue advantage of liberty or abuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] maintain law and order;
[d] mark presence before the concerned Police Station on every 1st day of English Calender month between 11.00 a.m. and 2 p.m for six months;
[e] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[f] furnish the address of residence along with documentary proof before the police and before the Court at the time of execution of the bond and shall not change the residence without prior permission of this Court;
[g] surrender passport, if any, to the Lower Court immediately.
5. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.
6. At the trial, the trial court shall not be influenced by the prima facie observations made by this Court while enlarging the applicant on bail.
7. Bail before the Lower Court having jurisdiction to try the case. Rule is made absolute. Direct service is permitted.
( M.D.Shah, J ) srilatha Top