This application is filed under Section 439 of the Code of Criminal Procedure in connection with First Information Report registered as I-C.R. No.99/2011 with Mandvi Police Station, Kutch for the offences punishable under Sections 465, 467, 468 and 471 of the Indian Penal Code.
Learned Counsel appearing for the applicant submits that the applicant is aged 67 years, is in jail since the past more than one month and is a native of Haryana and considering the above aspect, the applicant may be enlarged on bail.
Heard learned Additional Public Prosecutor Ms. Krina Calla for the respondent-State, who submits that regarding the Certificate allegedly issued by the Revenue Authority, the Government Officers have stated that they have never issued such a Certificate in favour of the present applicant and has vehemently opposed this application for grant of bail.
Learned Counsels for the parties do not press for further reasoned order.
In the facts and circumstances of the case, the application is allowed and the applicant is ordered to be released on bail in connection with First Information Report registered as I-C.R. No.99/2011 with Mandvi Police Station, Kutch, on executing a bond of Rs.25,000/- (Rupees Twenty Five 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 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 the State of Gujarat without prior permission of the Sessions Judge concerned;
e) mark presence at the concerned Police Station every fortnight between 10.00 a.m. and 3.00 p.m. for one year 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;
The authorities will release the applicant only if 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.
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 made absolute. Direct Service is permitted.
Sd/-
(M.D.
Shah, J.) Caroline Top