1. This Application has been preferred under Section 439 of the Code of Criminal Procedure, 1973 in connection with the offence being CR No.II-109 of 2011 registered with Thorala Police Station, Rajkot for the offences under Sections 25 (1-B)(a) of the Arms Act.
2. Heard Mr.R.J.Dholakia, learned advocate for the applicant. He has contended that, looking to the recovery made, from the possession of the present applicant one automatic pistol with two cartridges were recovered. He has produced copy of ration card and electric connection bill showing name of the present applicant and contended that present applicant is resident of Rajkot and he will be available during the trial. He has prayed to release present applicant on bail.
3. Heard Mr. H.L.Jani, learned APP for the respondent State. He has read contents of Panchnama and contended that from possession of the present applicant one automatic pistol with two cartridges were recovered. It is a serious offence. He has prayed not to release present applicant on bail.
4. From panchnama of recovery it appears that one automatic pistol with two cartridges were recovered from possession of the present applicant. The present applicant is a resident of Rajkot and he will be available during the trial.
5. Having heard the learned Counsel for both the sides and looking to the facts and circumstances of the case, statement of the witnesses, gravity of the offence and quantum of punishment and the fact there is no definite allegation made against the applicant, I am inclined to grant bail to the applicant.
6. Considering the above, this Application is allowed. The applicant is ordered to be released on bail in connection with CR No.II-109 of 2011 registered with Thorala Police Station, Rajkot for the offence alleged against him in this Application on his executing a Bond of Rs.10,000/- (Rupees ten thousand only) with one solvent 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 his liberty or abuse his liberty;
b) not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) maintain law and order and should cooperate the Investigating Officer;
d) not act in a manner injurious to the interest of the prosecution;
e) mark presence before the concerned Police Station on every last day of the month between 10:00 a.m. to 2:00 p.m.
f) not leave the country without the prior permission of the concerned Sessions Judge;
g) furnish the address of his 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;
h) surrender his passport, if any, to the lower Court within a week.
7. If the breach of any of the above conditions is committed, the concerned Sessions Judge will be free to issue warrant or take appropriate action in the matter.
8. 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.
9. Rule is made absolute. Direct service is permitted.
(Z.K.SAIYED, J.) kks Top