1. Learned counsel for the applicant submitted that the applicant is in jail since 29.3.2010 i.e. more than two years. He further pointed out that previously while not entertaining bail application of this applicant, in order dated 27.1.2011, it was provided that it would be open for the petitioner to approach the Court in case the trial did not commence by 30th June 2011. Learned APP stated under instructions that one of the accused is absconding and that therefore, trial presently is not going on.
2. Considering the above aspects of the matter as also looking to the nature of offence, the applicant is ordered to be released on bail in connection with C.R.No.I-21 of 2010 of G.I.D.C. (Vatva) Police Station, Ahmedabad on furnishing bond of Rs.20,000/- (Rupees twenty thousand only) with one surety of the like amount to the satisfaction of the lower Court and on conditions that he shall :
[a] not take undue advantage of his liberty or abuse his liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] maintain law and order;
[d] mark his 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 .
[e] not leave Ahmedabad District without prior permission of the Sessions Judge concerned;
[f] furnish the address of his residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
[g] surrender his passport, if any, to the Lower Court immediately.
3. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.
4. Bail before the Lower Court having jurisdiction to try the case.
5. Rule is made absolute.
Direct service is permitted.
(Akil Kureshi, J.) (vjn) Top