RULE.
Learned APP Ms. Krina Calla waives service of notice of Rule for the respondent - State.
This application is filed under Section 439 of the Code of Criminal Procedure in connection with First Information Report registered as II-C.R. No.3606/2011 with Railway Police Station, Surat for the offences punishable under Sections 3 and 6 of the Indian Passport Rules (Entry into India) and under Sections 3(1)(2)(A)(G), 13(1)(3) and 14 of the Foreigners Act.
Learned Counsel appearing for the applicant submits that the maximum sentence for the offences as alleged is 5 years. It is also an admitted fact that chargesheet was not filed within the stipulated time of 60 days and considering the nature of offences, it is submitted that the applicant may be enlarged on bail.
Heard learned Additional Public Prosecutor Ms. Krina Calla for the respondent-State.
Having heard learned Counsels 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 applicant, by imposing suitable conditions, I deem it just and proper to enlarge the applicant on bail.
Learned Counsels for the parties do not press for further reasoned order.
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 as II-C.R. No.3606/2011 with Railway Police Station, Surat, on executing a bond of Rs.20,000/- (Rupees Twenty Thousand Only) with one solvent surety of the like amount to the satisfaction of the Trial Court and subject to the conditions that she 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 her 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 every fortnight between 10.00 a.m. and 3.00 p.m. for one year only;
f) furnish the present address of her residence with documentary evidence to the Investigating Officer, the concerned Police Station 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;
The authorities will release the applicant only if not required in connection with any other offence for the time being.
If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter.
Bail bond to be executed before the lower court having jurisdiction to try the case.
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.
Rule made absolute. Direct Service is permitted.
Sd/-
(M.D.
Shah, J.) Caroline Top