Rule.
Mr. Nanavati, Ld. APP appears and waives service of rule for the respondent State.
1. The instant application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail in connection with C.R. No. I-23/2012 registered with Pipavav Marine Police Station, for the offences punishable under Sections 447, 364[A] and 114 of the Indian Penal Code and section 135 of the BP Act.
2. Mr.
ND Nanavati, Ld. Sr. Counsel for Mr. Prachchak, Ld. Advocate for the applicant, at the outset, submitted that the applicant is not named in the FIR. No role is attributed to him in the FIR. Mr. Nanavati submitted that upon registration of the FIR, when the police went to the farm of co-accused Kanjibhai, it is alleged that the police personnel were obstructed and at that time only the presence of the applicant accused came to be found and in that connection, about causing obstruction to the police machinery, etc., an FIR came to be registered by the Head Constable of the concerned police station. It is, therefore, submitted that the applicant neither played any role in the kidnapping nor in the confinement of the person kidnapped, Sunilbhai aged about 30 years. It is, therefore, submitted that the application deserves to be allowed.
3. Learned APP Mr. Nanavati for the respondent-State opposed this application.
4. Having considered the submissions advanced on behalf of both the sides, so also considering the fact that the applicant is not named in the FIR, but as per the subsequent FIR lodged by the Head Constable about causing obstruction to the police, the name of the applicant accused emerged in the said FIR and considering the facts and circumstances of the case, this Court is of the opinion that the application deserves to be allowed.
5. Learned counsel for the parties do not press for further reasoned order.
6. In the facts and circumstances of the case, the application is allowed and applicant is ordered to be released on bail in connection with C.R. No. I-23/2012 registered with Pipavav Marine Police Station, on 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 the applicant shall;
a) not take undue advantage of liberty or misuse 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 INDIA without prior permission of the Sessions Judge concerned;
e) mark presence at the concerned Police Station on the first Sunday of every month between 10.00 a.m. and 3.00 p.m. for three months only;
f) furnish the present address of his residence to the Investigating Officer 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.
7. The authorities will release applicant only if not required in connection with any other offence for the time being.
8. 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.
9. Bail bond to be executed before the lower court having jurisdiction to try the case.
10. 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.
Rule is made absolute accordingly. DSP.
(J.C.
UPADHYAYA, J.) * Pansala.
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