By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on regular bail in connection with CR No.II-24 of 2011 registered with Nabipur Police Station, for the offence punishable under Sections 136(1)(a) of Electricity Act, 3 and 7 of the Damage to Property Act and Secs.34 and 114 of IPC.
Heard learned counsel for the applicant, Mr.K.R.Joshi and Mrs.Krina Calla, learned Additional Public Prosecutor for respondent-State.
It is submitted by learned advocate, Mr.K.R.Joshi that though number of offences of similar nature were registered against the applicant, almost all offences are triable by learned Magistrate except for offence under Sec.413 of IPC which is triable by the Court of Sessions. It also submitted that maximum sentence prescribed is five years and now the charge sheet is filed.
It is stated by learned APP, Ms.Calla that number of offences of similar nature were registered against the applicant and though other offences are triable by learned Magistrate, offence under Sec.413 of IPC is triable by the Court of Sessions.
Considering the same and also the fact that maximum sentence prescribed for offences in question triable by learned Magistrate is five years and in almost all other offences, he was released on bail and now the charge sheet is filed, 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 applicant on bail.
Hence, the applicant is ordered to be released on bail in connection with CR No.II-12 of 2011 registered with Nabipur Police Station, for the offence alleged against him in this application on his executing a bond of Rs.25,000/- (Rupees twentyfive 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 leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) mark presence before the Nabipur Police Station twice in a month i.e. on 1st and 10th of month between 10.00 a.m. and 2.00 p.m. for one year;
g) furnish the 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;
h) surrender his 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 applicant on bail.
[M.D.SHAH,J.] radhan Top