Learned counsel appearing for the applicants submitted that considering the nature of allegations and role attributed to the applicants and also the fact that a co-accused has already been enlarged on bail by this Court vide order dated 30-1-2012 passed in Cri.Misc.Appln.No.175 of 2012 and hence, it is requested that the applicants may be released on parity. It is also submitted that applicants is in jail since 17.12.2011. It is further submitted that the alleged amount of Rs.35,00,000/- is also recovered and paid.
Heard learned APP for the respondent - State.
Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused and the manner in which the incident took place and the fact that the offences alleged are triable by learned JMFC coupled with the fact that a co-accused has already been enlarged on bail by this Court vide order dated 30-1-2012 passed in Cri.Misc.Appln.No.175 of 2012, this application is required to be allowed.
Hence, this application is allowed. The applicants are ordered to be enlarged on bail in connection with C.R.No.I-275 of 2011 of `A' Division Police Station, District Bhavnagar for the offences punishable under sections 392, 114 and 120(B) of the Indian Penal Code, on furnishing bond of Rs.15,000/- (Rupees fifteen thousand only) each with one solvent surety each of the like amount to the satisfaction of the lower Court and on conditions that the applicants shall :
[a] not take undue advantage of liberty or abuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] maintain law and order;
[d] mark presence before the concerned Police Station on every 1st and 15th day of English Calender month between 11.00 a.m. and 2 p.m for one year;
[e] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[f] furnish the address of residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
[g] surrender passport, if any, to the Lower Court immediately.
If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.
At the trial, the trial court shall not be influenced by the prima facie observations made by this Court while enlarging the applicants on bail.
Bail before the Lower Court having jurisdiction to try the case. Rule is made absolute. Direct service is permitted.
[M.D.SHAH,J.] radhan Top