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-249 of 2010 registered with Varachha Police Station, Surat for the offences u/s. 395, 120B and 412 of the Indian Penal Code and u/s. 25(1) (A) of Arms Act.
2. Heard Mr.Tulshi R. Savani, learned counsel for the applicant. He has read charge-sheet papers and contended that looking to the allegations made against the present applicant identification parade is carried out after 10 months. He has contended that as per case of the prosecution present applicant was in custody and he is transferred through transfer warrant and nothing is recovered from possession of the present applicant. The co-accused Bharat Mistri from whose possession pistol has been recovered is released by the lower Court. He has prayed that the present applicant may be released on bail.
3. Heard Mr. H.L.Jani, learned APP for the respondent State. He has vehemently opposed the present application and contended that place of offence is shown by him and involvement of the present applicant appears prima-facie. It is a serious offence. He has prayed not to grant bail to the present applicant.
4. 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-249 of 2010 registered with Varachha Police Station, Surat for the offence alleged against him in this Application on his executing a Bond of Rs.15,000/- (Rupees fifteen 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 to leave Surat uptill disposal of the Sessions Case.
f) mark presence before the concerned Police Station twice in a month i.e. on 1st and 15th of every English Calender month between 10:00 a.m. To 2:00 p.m.
g) not leave the country without the prior permission of the concerned Sessions Judge;
h) 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;
i) 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