By way of present applications, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicants have prayed to release them on regular bail in connection with CR No.I-104 of 2011 registered with Jalalpore Police Station, Navsari, for the offence punishable under Sections 406, 417, 419, 465, 466, 467, 468, 471 and 114 of IPC Act.
Heard learned advocates, Mr.P.P.Majmudar, for the applicant of Cri.Misc.Applnj.No.57 of 2012, Mr.Kunall Shah for the applicant of Cri.Misc.Appln.No.852 of 2012 and Mr.Hardik Dave, for the applicant of Cri.Misc.Appln.No.2333 of 2012, learned APP, Ms.C.M.Shah for the respondent-State in Cri.Misc.Appln.No.57 of 2012 and 2333 of 2012 and Mr.L.B.Dabhi for the respondent-State in Cri.Misc.Appln.No.852 of 2012.
It is assured by learned advocate, Mr.Kunal Shah, that original accused No.4-Dhansukhbhai Chunilal Parekh will take necessary steps for cancellation of alleged sale deed executed in favour of third party by filing suit or by taking appropriate steps and to get the property back in the name of the complainant. On behalf of original accused No.1-Vasantlal Tulsidas Jariwala, original accused No.2-Ajaykumar Dhansukhlal Parekh, learned advocates, Mr.P.P.Majmudar and Mr.Hardik Dave, respectively, have assured before this Court that the original accused Nos.1 and 2 will extend full co-operation in getting the alleged sale deed cancelled and to revert the property back in the name of complainant. It is also submitted by learned advocates that now charge sheet is filed and the applicants are in judicial custody since 20-12-2011 and hence, it is requested that the applicants may be released on bail.
It is to be noted that charge sheet is filed in the present case and the applicants are in custody since 20-12-2011. In the facts and circumstances of the case and considering the assurances given by learned advocates for the respective applicants, without entering into the merits of the case, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicants on bail.
Hence, the applicants are ordered to be released on bail in connection with CR No.I-104 of 2011 registered with Jalalpore Police Station, Navsari, for the offence alleged against them in these applications on each of them executing personal bond of Rs.10,000/- (Rupees Ten thousand only) with one solvent surety each of the like amount to the satisfaction of the trial Court and subject to the conditions that -
a) they shall not take undue advantage of liberty or abuse liberty;
b) they shall not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) they shall maintain law and order and should cooperate the Investigating Officer;
d) they shall not act in a manner injurious to the interest of the prosecution;
e) they shall not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) furnish the address of their residence to the Investigating Officer and also to the Court with documentary proof of residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
g) surrender their passport, if any, to the lower Court within a week.
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.
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.
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 applicants on bail.
Office shall place a copy of this order in each matter.
[M.D.SHAH,J.] radhan Top