1. The present application has been filed by the applicants - accused for grant of regular bail under Section 439 of the Criminal Procedure Code, 1973 which is a successive bail application after Criminal Misc. Application No.9396 of 2009 was withdrawn vide order dated 02.05.2009.
2. The applicants are charged with having committed the offences punishable under Sections 489-A, B, C, 120(B) and 34 of the Indian Penal Code, for which, FIR has been lodged being I-C.R.No.40/2009 at Veraval City Police Station.
3. Learned advocate for the applicants submitted that the applicants are the females and they have been in jail for about 3 years. He submitted that though the trial has commenced, but it has not progressed in the manner that it could be concluded shortly. He further submitted that other co-accused have been released on bail pending the trial as per the order passed in Criminal Misc. Application No.16847 of 2011 dated 28.12.2011 [Coram : Anant S. Dave,J.]. He submitted that there is also a direction to complete the trial, but as it could not be concluded, co-accused have been released. Thereafter, the two other co-accused have been released on bail as per the orders passed in Criminal Misc. Application No.16460 of 2011 dated 27.12.2011 and in Criminal Misc. Application No. 13759 of 2011 dated 11.01.2012. Therefore, learned advocate for the applicants submitted that the present application may be allowed in view of the fact that the applicants are females and also the trial has not concluded.
4. Learned APP for the respondent - State resisted the application, however, he fairly stated that the other co-accused have been released.
5. Having considered the rival submissions and also considering the fact that the trial has not concluded, the present application deserves to be allowed in light of the guidelines with regard to grant of bail under the provisions of the Criminal Procedure Code. Therefore, without any further elaboration, though it is a successive bail application as there is a delay in conclusion of the trial and the applicants are females and as the other co-accused have been released on bail as stated above, the present application deserves to be allowed.
6. Accordingly, present application stands allowed. The applicants are ordered to be released on regular bail in connection with I- C.R.No.40 of 2009 registered with Veraval City Police Station, on their executing a bond of Rs.5000/- (Rupees Five Thousand Only) each with one solvent surety of the like amount to the satisfaction of the Lower Court and subject to the conditions that they shall:
[a] not take undue advantage of his liberty or abuse their liberty.
[b] not to try to tamper or pressurize the prosecution witnesses or complainant in any manner.
[c] not act in any manner injurious to the interest of the prosecution.
[d] maintain law and order and should cooperate the Investigating Officers.
[e] furnish the addresses of their residence to the Investigating Officer and also to the Court at the the time of execution of the bond and shall not change their residence without prior permission of the Court.
[f] surrender their passports, if any, to the Lower Court, within a week.
[g] not leave India without prior permission of the Lower Court;
7. If 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 to the aforesaid extent. Direct service permitted.
(RAJESH H. SHUKLA, J.) vijay Top