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Judgment
A.J.Desai, J
RULE. Learned APP waives service of notice of Rule on behalf of the respondent - State of Gujarat. With the consent of learned advocates
appearing for respective parties, present application is taken up for final hearing today.
The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being I-CR
No.78/2018 registered with Khatlal Police Station, District Kheda for the offence under Sections 465, 467, 468, 471 and 114 of the Indian Penal Code,
1860.
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 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.
Having heard learned Advocates appearing for respective parties and considering the fact that the alleged crime has been committed in the year
2018 for which the complaint has been filed at the instance of the sister of the applicant herein as well as the fact that those accused whose names
have been mutated in the revenue record pursuant to the alleged forged deed have been considered by the coordinate Bench of this Court vide order
dated 06.05.2020 passed in Criminal Misc. Application No.6603/2020 and taking into consideration the facts of the case, nature of allegations, gravity
of offences, role attributed to the accused, without discussing the evidence in detail, 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 I-CR No.78/2018
registered with Khatlal Police Station, District Kheda on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) with one local surety
of the like amount to the satisfaction of the trial Court and subject to the conditions that the applicant 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 India without prior permission of the concerned trial court;
[e] mark presence before the concerned Police Station on alternate Monday initially for three months and thereafter, on first Monday of every English
calender month, for a further period of three months, between 10.00 am to 2.00 pm;
[f] furnish the present address of 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 the concerned trial court;
The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, 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 prima facie observations made by this Court in the present order.
Rule is made absolute to the aforesaid extent. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.