[1] This application is filed under section 439 of the Code of Criminal Procedure by the applicant who has been arrested in connection with C.R. No. I - 226 of 2011 registered with Navrangpura Police Station, for the offence punishable under section 392 of the Indian Penal Code.
[2] Learned advocate for the applicant submitted that the applicant is an innocent person and a false case is foisted on him. He submitted that the applicant is not directly or indirectly involved in the said offence and he is falsely implicated in the said offence. He also submitted that he is in judicial custody from more than 8 months and the trial is not likely to be concluded within short time and applicant is facing the pretrial conviction and moreover offence is also triable by the learned Metropolitan Magistrate and charge sheet is filed in this matter and therefore there is no possibility to tamper or hamper with the evidence. He submitted that considering the role attributed to the applicant and reflected in the FIR, this is a fit case to enlarge the applicant on regular bail by imposing suitable conditions.
[3] As against the aforesaid, learned APP submitted that considering the role played by the applicant, no discretionary relief can be granted to the applicant, and the application deserves to be dismissed.
[4] Having heard the rival submissions of learned advocates and having considered the role attributed to the applicant and reflected in the FIR, the quantum of punishment etc. and gravity of offence, I am of the view that the applicant is required to be enlarged on regular bail at this stage on stringent conditions, without entering into the merits of the case and without discussing the evidence in detail. This is a successive bail application.
[5] The parties do not press for further reasoned order.
[6] In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be enlarged on bail in connection with C.R. No. I - 226 of 2011 registered with Navrangpura Police Station, on his executing a bond of Rs.10,000/- [Rupees Ten thousand only] with one 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 act in a manner injurious to the interest of the prosecution;
[c]. surrender his passport, if any, to the lower court within a week;
[d]. not leave the State of Gujarat without the prior permission of the Sessions court concerned;
[e]. mark his presence at the concerned Police Station on every last day of each English calendar month between 9.00 AM and 2.00 PM. till the trial is over;
[f]. furnish the present 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 his residence without prior permission of this Court;
[g]. maintain law and order.
[7] If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or to take appropriate action in the matter.
[8] Bail bond to be executed before the lower Court having jurisdiction to try the case.
[9] 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.
[10] Rule is made absolute to the aforesaid extent. Direct Service is permitted.
(Z.K.SAIYED, J.) (vijay) Top