1. The instant application is filed under Section 439 of Code of Criminal Procedure seeking regular bail in connection with Hazira Police Station, District : Surat CR No. I - 23/2011 regarding offences punishable under sections 407, 465, 467, 468, 471, 120(B) read with section 114 of the Indian Penal Code.
2. Ms.
M.P.Shah, learned advocate for the applicant, at the outset, submitted that in the instant matter, the investigation is over and the charge-sheet is filed. It is submitted that the only role attributed to the applicant is that he was driver of one of the trucks, which was loaded from the Reliance Co. and goods were required to be unloaded at Delhi, but truck never reached Delhi and it was sold out by the applicant. It is further submitted in this connection, complaint was lodged with Jamnagar police station and the Sessions Court released the present applicant on bail. She further submitted that the drivers namely Kudartulla Ajmoddin Shekh & Akhar Ahmed Shekh came to be released on bail by this Court vide order dated 26/04/2012 in Criminal Misc. Application NO. 4817/2012 and it is submitted that the role attributed to those co-accused persons, who came to be released on bail by this Court, and the role attributed to the applicant herein is the same and identical.
3. Heard Mr. R.C.Kodekar, learned APP for the respondent-State.
4. Having considered the submissions advanced on behalf of both the sides, so also considering the role attributed to the applicant in the instant case and further considering the order dated 26/04/2012 passed by this Court in Criminal Misc. Application No. 4817/2012, this court is of the opinion that the instant application deserves to be allowed.
5. Learned counsel for the parties do not press for further reasoned order.
6. In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be released on bail in connection with first information report registered at CR No. I - 23 of 2011 with Hazira Police Station, District : Surat on executing a bond of Rs. 25,000/- (Rupees Twenty Five 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 liberty or misuse liberty;
(b) not act in a manner injurious to the interest of the prosecution;
(c) surrender passport, if any, to the lower court within a week;
(d) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
(e) mark presence at the concerned police station on the first Sunday of every month between 10.00 a.m. and 3.00 p.m. for three months only;
(f) furnish the present address of 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;
7. The Authorities will release the applicant only if not required in connection with any other offence for the time being.
8. If breach of any of the above conditions is committed, the Trial Judge concerned will be free to issue warrant or take appropriate action in the matter.
9. Bail bond to be executed before the lower court having jurisdiction to try the case.
10. For modification and/or deletion of any of the conditions herein above, the applicant/s will be at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order in accordance with law.
11. 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.
12. Rule is made absolute to the aforesaid extent. D.S. is permitted.
(J.C.Upadhyaya, J.) cmj/ Top