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Judgment
9 paragraphs · 364 wordsV. Jagannathan, J.—Heard both sides in respect of bail sought by the Petitioner who is said to be accused No. 1 in Cr. No. 513/91 in respect of an offence punishable u/s 392 of IPC.
Submission of the Petitioner''s Counsel is that, the other accused persons have been acquitted by the trial court in S.C. No. 677/99 on 08.03.2002 and the acquittal was on account of the prosecution failing to place any evidence against the accused persons. Second submission made is that, this Petitioner was in custody for more than three years and during that time, he was produced before the trial court and no body warrant was issued to secure him before the trial court and it is only after the acquittal of the other accused persons in the above said Sessions Case, efforts are being made to issue body warrant against the Petitioner, which in fact had been issued on 23.07.2010.
Having heard the above submission and also on going through the judgment in S.C. No. 677/99, though the Petitioner''s Counsel submitted that even the case against the Petitioner would also end in acquittal, yet as submitted by the learned Addl. SPP that, it is not known as to what would be the evidence that would be produced against this Petitioner when the case goes on before the trial court, and however, as we are concerned only about grant of bail at this stage, having regard to the aforesaid, circumstances, the Petitioner can be released on bail by imposing conditions to safeguard the prosecution interest.
In the result, petition is allowed and bail is granted to the Petitioner, subject to the following conditions:
(i) Petitioner shall be released on bail on his executing a personal bond for a sum of Rs. 25,000/- with two sureties, for the likesum to the satisfaction of the trial court.
(ii) He shall not tamper or attempt to tamper any of the prosecution witnesses.
(iii) He shall not give threat to the prosecution witnesses in any manner.
(iv) He shall attend the Court regularly on all dates of hearing.
(v) He shall mark his attendance before the jurisdictional police station on every Sunday between
