1. RULE.
Mr RC Kodekar, learned APP appears and waives service of notice of rule on behalf of the respondent State.
2. The petitioner has preferred this application under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail in connection with Bhadarwa Police Station bearing M. Case No.1 of 2010 for the offence punishable under Sections 465, 466, 467, 468, 471, 474, 120(B) read with Section 114 of the IPC.
3. Considering the facts and circumstances of the case, this matter is taken up for final hearing today.
4. Mr SD Suthar, learned advocate for Mr NK Majmudar, learned advocate for the petitioner submitted that perusing the FIR, no role is attributed to the petitioner. It is further submitted that all other co-accused persons including co-accused No.2 Vimalbhai Mahendrabhai who was beneficiary pursuant to the alleged forged deed, have been released on bail either by the Trial Court or by this Court. It is further submitted that in the instant case, the investigation is over and the charge-sheet is filed. All the offences alleged against the petitioner are triable by the Court of learned Judicial Magistrate (First Class). Therefore, it is submitted that the application may be allowed.
5. Per contra, Mr RC Kodekar, learned APP representing the State opposed this application and submitted that considering the FIR, the petitioner is the main accused and major role is attributed to him. There is strong prima facie case against the petitioner. Therefore, it is submitted that the application may be dismissed.
6. Having considered the submissions advanced on behalf of both the sides and considering the FIR together with the order passed by the Sessions Court rejecting the bail application of the petitioner so also the fact that as submitted on behalf of the petitioner that other co-accused persons including the so called beneficiary of the offence have been released on regular bail, this Court is of the opinion that the discretionary powers vested in this Court under Section 439 of the Code of Criminal Procedure, 1973 deserves to be exercised in favour of the petitioner.
7. Considering the submissions made on behalf of the parties and having regard to the facts and circumstances of the case, the application is allowed and the petitioner is ordered to be released on bail in connection with M. Case No.1 of 2010 registered at Bhadarwa Police Station for the offence alleged against him in this application on his executing bond of Rs.5,000/- (Rupees five thousand only) with one solvent surety of the like amount to the satisfaction of the lower Court and subject to the conditions that he shall,
(a) not take undue advantage of his liberty or abuse his liberty.
(b) not try to tamper or pressurize the prosecution witnesses or complainant in any manner.
(c) maintain law and order and should co-operate the investigating officers;
(d) not act in any manner injurious to the interest of the prosecution.
(e) not leave the local limits of State of Gujarat without the prior permission of the concerned Trial Court;
(f) furnish the address of his residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the Court.
(g) surrender his passport, if any, to the lower Court, within a week.
8. If breach of any of the above conditions is committed, the concerned Trial Court will be free to issue warrant or take appropriate action in the matter.
9. 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.
10. Rule is made absolute to the aforesaid extent. Direct service is permitted.
[J.C.UPADHYAYA, J.] mrpandya Top