Rajakbhai Gafarbhai Mithani vs State Of Gujarat

A.J.Desai, J

Heard learned advocates for the respective parties.

The present application is filed under Section 439 of the Code of Criminal Procedure for regular bail in connection with an offence being C.R.No.I-

100 of 2015 registered with Amreli City Police Station, Amreli, for the offences punishable under Sections 379, 328, 114, etc. of the Indian Penal

Code.

Learned advocate appearing on behalf of the applicant submits that considering the nature of offence, the applicant may be enlarged on regular bail

by imposing suitable conditions and the applicant shall strictly comply with the conditions.

Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and

gravity of the offence.

Learned advocates appearing on behalf of the respective parties do not press for further reasoned order.

I have heard learned advocates appearing on behalf of the respective parties and considered the allegations levelled against the applicant and the

role played by the applicant. I have considered the fact that the applicant was released on bail by this Court vide order dated 08/03/2016 in Criminal

Misc. Application No.3707 of 2016, however, he did not remain present and therefore, bailable warrant was issued came to be arrested.

In the facts and circumstances of the case and considering the nature of 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 and the applicant is ordered to be released on regular bail in connection with an offence being C.R.No.Iâ€

100 of 2015 registered with Amreli City Police Station, Amreli, on executing a personal bond of Rs.25,000/- (Rupees Twenty Five thousands only)

with one surety of the like amount to the satisfaction of the learned 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;

[c] surrender passport, if any, to the lower court within a week;

[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;

[e] furnish latest 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;

[f] shall mark his presence with the concerned Police Station on any day of first week of each English Calendar month till trial is over;

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 learned 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, learned 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.