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Judgment
M. R. Mengdey, J
RULE. Learned APP waives service of rule for the respondent-State.
The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being C.R.NO.65 of 2009 registered with Kalawad Police Station, Jamnagar.
Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail, inter alia, contending that the offence in question had been registered in the Year-2009, whereas the present applicant was arrested in connection with the said offence in the month of July-2023. For the period of 14 years, the applicant had absconded, and therefore, there is a reason to believe that if the applicant is ordered to be enlarged on bail, he will not be available for the purpose of trial. He, therefore, submitted to dismiss the present application.
I have heard the learned advocates appearing on behalf of the respective parties and perused the papers. In present case, the investigation is over and charge-sheet has been filed. From the record, it appears that the trial qua the co-accused had culminated into conviction. The order of conviction was challenged by the said co-accused before this Court and this Court, vide judgment and order dated 08.06.2020, passed in Criminal Appeal No. 582 of 2015 had acquitted the other co-accused from the charges levelled against them. The role attributed to the present applicant is of similar nature.
This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in [2012]1 SCC 40.
In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.
Hence, the present application is allowed. The applicant is ordered to be released on regular bail in connection with FIR being C.R.NO.65 of 2009 registered with Kalawad Police Station, Jamnagar, on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) with one 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 liberty or misuse liberty;
(b) not act in a manner injurious to the interest of the prosecution & shall not obstruct or hamper the police investigation and shall not to play mischief with the evidence collected or yet to be collected by the police;
(c) surrender passport, if any, to the Trial Court within a week;
(d) not leave the State of Gujarat without prior permission of the Trial Court concerned;
(e) mark presence before the concerned Police Station once in a month for a period of six months between 11.00 a.m. and 2.00 p.m.;
(f) furnish the present 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 Trial Court;
The authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter.
Bail bond to be executed before the lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law.
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.
Rule is made absolute to the aforesaid extent. Direct service is permitted.