1. This is an application preferred under Section 439 of the Code of Criminal Procedure by the applicants who came to be arrested in connection with CR No. I-100 of 2011 registered at Mahuva Police Station, for the offence punishable under Sections 395, 120-B and 34 of the Indian Penal Code read with Section 135 of the Bombay Police Act.
3. Learned counsel Mr. P.P. Majmudar for the applicants submitted that the applicants are innocent persons and they have been wrongly implicated in the case. He submitted that from the bare reading of the complaint, there is no role attributed to the applicants. He also submitted that there is no recovery or discovery made from the applicants. The applicants are not likely to jump the bail, if they are granted bail. He lastly prayed to release the applicants on regular bail by imposing suitable conditions.
4. Learned APP Mr. Jani strongly opposed the application of the applicants and submitted that considering the seriousness of offence, in which the applicants are involved, gravity of the offence, quantum of punishment of the alleged offence, discretion may not be exercised in favour of the applicants.
5. Perused the application along with other papers and on perusal of the role attributed to the applicants as reflected in the FIR, police papers, provisions of Sections 395, 120-B and 34 of the Indian Penal Code read with Section 135 of the Bombay Police Act, quantum of punishment and prima facie it appears that prima facie there is no case made out against the applicants and the fact that there is no recovery or discovery made from the applicants, I am of the view that the applicants deserve to be enlarged on bail. At this stage of bail, this Court is not discussing the evidence in detail nor going into merit of the case. This is successive bail application.
6. In the facts and circumstances of the case, the application is allowed and the applicants are ordered to be enlarged on bail in connection with CR No. I-100 of 2011 registered at Mahuva Police Station, on their executing a bond of Rs.10,000/- each [Rupees ten thousand only] with one surety of the like amount to the satisfaction of the Trial Court and subject to the conditions that they shall:
[a] not take undue advantage of their liberty or abuse their liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] surrender their 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] mark their presence at the concerned police station on every 1st and 15th days of each English Calender month at 11:00 a.m. till the trial is over;
[f] furnish the present address of their residence to the I.O. and also to the Court at the time of execution of the bond and shall not change their residence without prior permission of this Court;
[g] maintain law and order.
7. 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.
8. Bail bond to be executed before the lower Court having jurisdiction to try the case.
9. 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 applicants on bail.
10. Rule is made absolute to the aforesaid extent. Direct Service is permitted.
(Z.
K. Saiyed, J) Anup Top