[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 - 136 of 2010 registered with Athwa Police Station, Surat for the offence punishable under sections 406, 420, 465, 467, 468, 471, 114 and 120B 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 has given quotation to Namonarayan Tripathi and Shalini Namonarayan Tripathi for purchasing machineries. He submitted that the co-accused was released on bail by this Court vide order dated 21.01.2011 passed in Criminal Misc. Application No.15319 of 2010. He submitted that now the original accused is absconding. He also submitted that the applicant is ready and willing to deposit in a sum of Rs.1,96,000/- before this Court. 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 the complainant is the Nationalized Bank and public money is involved. She also submitted that the original accused is now absconding. 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, and learned advocate for the applicant assures that the applicant will deposit the amount of Rs.1,96,000/- before this Court, 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 - 136 of 2010 registered with Athwa Police Station, Surat, 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 30th 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