Rule.
Mr Dipen Desai, learned Additional Public Prosecutor for the State waives the service.
This application has been preferred for regular bail under Section 439 of the Criminal Procedure Code, 1973 in connection with the offence registered with Dholera Police Station being Crime Register No.I-43 of 2007 for the offences punishable under Sections 408, 409, 463, 465, 471, 467, 477A and 114 of the Indian Penal Code.
The learned counsel for the petitioner submits that the entire amount, which is alleged to be embezzled has already been deposited along with interest. The Chairman of the cooperative society has already been enlarged on bail. The present petitioner is a Secretary. Having heard the learned counsel for both the sides and looking to the facts and circumstances of the case and more particularly when it appears that the Chairman is enlarge on bail and the amount has been recovered, the Secretary also deserves same treatment and hence this application is allowed. The applicant is ordered to be released on bail in connection with offence registered with Dholera Police Station being Crime Register No.I-43 of 2007 on his executing a bond in the sum of Rs.5,000/- (Rupees five thousand only) with one surety of the like amount to the satisfaction of the lower Court and subject to the conditions that he shall, [a] not take undue advantage of or misuse liberty;
[b] maintain law and order and should co-operate with the investigating officer;
[c] not act in a manner injurious to the interest of the prosecution;
[d] surrender his passport, if any, to the lower court within a week;
[e] not leave the local limits of the State of Gujarat without prior permission of the Sessions Judge concerned;
[f] shall mark his presence before the concerned Police Station on every 1st day of English Calendar month between 9.00 a.m. and 5.00 p.m.;
[g] furnish the address of his residence 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 he is 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. This application is allowed.
Rule is made absolute. D.S. Permitted.
(Bhagwati Prasad, J.) *mohd Top