1. This Application has been preferred under Section 439 of the Code of Criminal Procedure, 1973 in connection with the offence being CR No.I-14 of 2010 registered with D.C.B. Police Station, Vadodara for the offences u/s. 409, 420, 465, 467, 468, 471, 474, 477A and 120B of the Indian Penal Code.
2. Heard Mr.Yogesh Lakhani, learned Senior Counsel appearing with learned counsel Mr.Pravin Gondaliay, for the applicant. He has submitted that this is a successive bail application on the ground of parity. He has submited that co-accused is released by the Hon'ble Supreme Court by an order dated 16.1.2012 passed in Special Leave to Appeal (Cri.) No.8905 of 2011. He has, therefore, submitted that the applicant may be granted bail.
3. Heard Mr.H.L.Jani, learned APP for the respondent - State. He has vehemently opposed bail of the present applicant. He has prayed not to release applicant on bail.
4. Perused order dated 16.1.2012 passed in Special Leave to Appeal (Cri.) No.8905 of 2011. Having heard the learned Counsel for both the sides and looking to the facts and circumstances of the case, statement of the witnesses, gravity of the offence and quantum of punishment and the fact there is no definite allegation made against the applicant, I am inclined to grant bail to the applicant.
5. Considering the above, this Application is allowed. The applicant is ordered to be released on bail in connection with CR No.I-14 of 2010 registered with D.C.B. Police Station, Vadodara for the offence alleged against him in this Application on his executing a Bond of Rs.10,000/- (Rupees ten thousand only) with one solvent 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 to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) maintain law and order and should cooperate the Investigating Officer;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave the country without the prior permission of the concerned Sessions Judge;
f) furnish the 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 the residence without prior permission of this Court;
g) surrender his passport, if any, to the lower Court within a week.
6. If the 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.
7. 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.
8. Rule is made absolute. Direct service is permitted.
(Z.K.SAIYED, J.) kks Top