[1] This application is filed under section 439 of the Code of Criminal Procedure by the applicant who has been arrested in connection with C.R.No.I-151 of 2008 registered with Vasad Police Station, Anand.
[2] Learned advocate for the applicant submitted that the applicant is an innocent person and a false case is foisted on him. He submitted that considering the role attributed to the applicant, this is a fit case to enlarge the applicant on regular bail.
[3] Having heard the rival submissions of learned advocates and having considered the role attributed to the applicant and the quantum of punishment etc. and gravity of offence, and considering the fact that other similar co-accused have been released on bail by this Court (Coram : Z.K.Saiyed, J) in Criminal Misc. Application No.8999 of 2010 and other co-accused was released on bail by this Court vide order dated 24-2-2012 passed in Cri.Misc.Appln.No.833 of 102, I am of the view that the applicant is required to be enlarged on regular bail on parity.
[4] In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be enlarged on bail in connection with C.R.No.I-151 of 2008 registered with Vasad Police Station, Anand, on his executing a bond of Rs.10,000/- [Rupees Ten thousand only] with one 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 act in a manner injurious to the interest of the prosecution;
[c]. surrender his passport, if any, to the lower court within a week;
[d]. not leave the State of Gujarat without the prior permission of the Sessions court concerned;
[e]. furnish the present 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 his residence without prior permission of this Court;
[f]. maintain law and order.
[5] If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or to take appropriate action in the matter.
[6] Bail bond to be executed before the lower Court having jurisdiction to try the case. 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.
[7] Rule is made absolute to the aforesaid extent. Direct service is permitted.
[M.D.SHAH,J.] radhan Top