1. Learned counsel appearing for the applicant submitted that considering the nature of allegations and role attributed to the applicant, by imposing suitable conditions, the applicant may be enlarged on bail. It is also submitted that applicant is in jail since 22.2.2012.
2. Heard learned APP for the respondent - State.
3. It is alleged that though the applicant is not owner of the land, he put the land in mortgage with the bank. It is submitted by learned advocate Mr.Gohil that as far as the lien of the bank is concerned, it is already cancelled as, by mistake, the alleged two survey numbers 1164/2 and 1165/2 are put in mortgage with the bank. It is also submitted that even otherwise the other land is also mortgaged with the bank, the price of which is more than Rs.50 lacs and the loan amount is Rs.9 lacs. It is submitted by learned advocate for the applicant that the applicant is paying the installment towards the loan amount with the bank regularly. As far as the dispute over the said land regarding title is concerned, the matter is pending before the Civil Court as well as before the Revenue Tribunal. The letter written by the Bank Manager is produced on record, wherein the Bank Manager states that, by mistake, the above referred two survey numbers are mortgaged and the mortgage deed for the said two survey numbers is already cancelled and there is no lien of the bank over the said land.
4. Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused, this application is allowed. The applicant is ordered to be enlarged on bail in connection with C.R.No.I-04 of 2012 of Wadhwan Police Station, District Surendrangar for the offences punishable under sections 406, 420, 465, 467, 471, 120-B of the Indian Penal Code, on furnishing bond of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety of the like amount to the satisfaction of the lower Court and on conditions that the applicant shall :
[a] not take undue advantage of liberty or abuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] maintain law and order;
[d] mark presence before the concerned Police Station on every 1st and 15th day of English Calender month between 11.00 a.m. and 2 p.m for three months;
[e] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[f] furnish the address of residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
[g] surrender passport, if any, to the Lower Court immediately.
5. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.
6. At the trial, the trial court shall not be influenced by the prima facie observations made by this Court while enlarging the applicant on bail.
7. Bail before the Lower Court having jurisdiction to try the case. Rule is made absolute. Direct service is permitted.
( M.D.Shah, J ) srilatha Top