[1] Learned counsel appearing for the applicant submitted that charge sheet is filed. It is further 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 14.12.2011.
[2] Heard learned APP for the respondent - State. It is alleged that the present applicants created false death certificates of their respective fathers in collusion with the Talati to get the land back and initiated revenue proceedings. It is submitted by learned advocate for the applicant that the revenue proceedings are over and the application of the applicant for getting the land back are rejected by the competent authority.
[3] 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, that the applicant is not beneficiary and there are no criminal antecedents and the offences alleged are triable by learned JMFC coupled with the fact that charge sheet is filed, a case is made out. Hence, this application is allowed. The applicant is ordered to be enlarged on bail in connection with C.R.No.I-73 of 2011 of Modasa Rural Police Station, District Sabarkantha for the offences punishable under sections 167, 193, 465, 471 of the Indian Penal Code, on furnishing bond of Rs.10,000/- (Rupees ten thousand only) with one 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.
[4] If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.
[5] 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.
[6] Bail before the Lower Court having jurisdiction to try the case. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
[M.D.Shah, J.] satish Top