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Judgment
The present bail application has been filed under Section 439
Cr.P.C. on behalf of the petitioner, who is in custody in relation to
F.I.R. No.268/2007, Police Station Bhinmal, for the offences under
Sections 457, 395 and 412 I.P.C.
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
Having regard to the entirety of facts and circumstances as
available on record and upon a consideration of the arguments
advanced at the Bar, this Court is of the opinion that upon the
petitioner depositing a sum of Rs.10,000/- in the proceedings
under Section 446 Cr.P.C. in addition to whatever amount has
already been deposited, one more opportunity can be given to the
petitioner to face trial while being on liberty as his absence before
the learned trial Court was not intentional.
Consequently, the bail application is allowed. It is ordered
that the accused-petitioner namely Mahesh Bhai arrested in
connection with F.I.R. No.268/2007, Police Station Bhinmal shall
be released on bail; upon his depositing a sum of Rs.10,000/- in
the proceedings under Section 446 Cr.P.C. (in addition to whatever
amount has already been deposited) and provided he furnishes a
personal bond of Rs.1,00,000/- and two surety bonds of
Rs.50,000/- each (out of which one shall be a local surety) to the
satisfaction of the learned trial court with the stipulation to appear
before that Court on all dates of hearing and as and when called
upon to do so.