1. By way of present application, filed under Section 439 of Code of Criminal Procedure, 1973 the applicant has prayed to release him on regular bail in connection with CR No. I - 19 of 2011 registered with Fatepura Police Station, for the offences punishable under sections 406, 409, 420, 467, 468, 471 read with section 114 of the Indian Penal Code.
2. Heard Mr. Pratik Barot for Mr. Hardik Brahmbhatt, learned counsel for the applicant and Mr. L.B.Dabhi, learned Additional Public Prosecutor for the respondent-state.
3. Mr.
Pratik Barot for Mr. Hardik Brahmbhatt, learned counsel for the applicant, has contended that so far as the present applicant-accused is concerned, he was subordinate to the Postmaster Shri R.K.Machhar - main accused and during discharging his duties, he signed one voucher by which payment in total of Rs. 3,726/- to three persons was sanctioned/paid by him.
4. Mr.
L.B.Dabhi, learned APP has vehemently opposed the present application and contended that the amount of the false claim was received by close relative of the main accused and so, it can not be said that it was not within the knowledge of present applicant-accused and so, requested that present bail application may be rejected.
5. In the facts and circumstances of the case and considering the role attributed to the applicant-accused in the FIR, so also the fact that other co- accused have been released on bail by co-ordinate bench of this Court (Coram : Hon'ble Mr. Justice Z.K.Saiyed) in Criminal Misc. Application No. 17237 of 2011, prima-facie, this court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail.
6. Hence, the applicant- accused is ordered to be released on bail in connection with C.R.No.I-19 of 2011 of Fatepura Police Station, for the offences alleged against him in this application, on his furnishing bond of Rs.10,000/- (Ten thousand only) with one solvent surety of the like amount to the satisfaction of the lower Court and on the 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] not leave the State of Gujarat 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 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.
7. If the breach of any of the above conditions is committed, the concerned Court will be free to issue warrant or take appropriate action in the matter.
8. 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. Rule is made absolute. Direct service is permitted.
9. 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.
( M.D.Shah, J ) cmj/ Top