Rule.
Mr RC Kodekar, 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 Kagdapith Police Station being Crime Register No.I-94 of 2008 for the offences punishable under Sections 379 and 114 of the Indian Penal Code.
Having heard the learned counsel for both the sides and looking to the facts and circumstances of the case, this application is allowed. The applicant is ordered to be released on bail in connection with offence registered with Kagadapith Police Station being Crime Register No.I-94 of 2008 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