By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicants have prayed to release them on regular bail in connection with CR No.I-130 of 2011 registered with Mehmedabad Police Station, for the offence punishable under Sections 465, 467, 468, 471, 406, 420 and 120B of the Indian Penal Code.
Heard Mr.A.M.Dagli, learned counsel for the applicants and Mr.J.K.Shah, learned Additional Public Prosecutor for respondent-State.
It is submitted that by Mr.Dagli that the applicants are joint owners of the property and the applicants are ready and willing to deposit the amounts with the trial court i.e. applicant No.1 will deposit Rs.95,000/- and applicant No.2 will deposit Rs.80,000/- and they will not claim the amount in future and on deposit, if the complainant will file application for withdrawal, they will not take any objection. It is also submitted that other co-accused were released on bail by this Court vide order dated 23-8-2011 passed in Cri.Misc.Appln.11724 of 2011 and also vide order dated 18-8-2011 passed in Cri.Misc.Appln.No.11387 of 2011.
In the facts and circumstances of the case and considering the facts that other co-accused were released on bail by this Court and also considering the fact that the applicants have shown readiness and willingness to deposit the amounts as aforesaid before the trial court, without entering into the merits of the case, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicants on bail.
Hence, the applicants are ordered to be released on bail in connection with CR No.I-130 of 2011 registered with Mehmedabad Police Station, for the offence alleged against them in these applications on each of them executing personal bond of Rs.10,000/- (Rupees Ten thousand only) with one solvent surety each of the like amount to the satisfaction of the trial Court and subject to the conditions that -
a) they shall not take undue advantage of liberty or abuse liberty;
b) they shall not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) they shall maintain law and order and should cooperate the Investigating Officer;
d) they shall not act in a manner injurious to the interest of the prosecution;
e) they shall not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) the applicant No.1 will deposit Rs.95,000/- (Rupees Ninetyfive Thousand only) and applicant No.2 will deposit Rs.90,000/- (Rupees Eighty Thousand only) with the trial court within a period of two months from today and that they will not said amount in future;
g) furnish the address of their residence along with the proof 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 this Court;
h) surrender their passport, if any, to the lower Court within a week.
On the aforesaid amounts being deposited, if the complainant will file application for withdrawal of amounts, the applicants will not take any objection.
If the breach of any of the above conditions is committed, the concerned Court will be free to issue warrant or take appropriate action in the matter.
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. Rule is made absolute. Direct service is permitted.
Copy of this order be provided to learned APP for providing the same to the complainant.
[M.D.SHAH,J.] radhan Top