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Judgment
M. K. Thakker, 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.I.48 of 2019 registered with Bilasana Police Station, District Patan, which was cancelled pursuance to the order passed by the learned Trial Court dated 22.04.2024.
Learned Advocate Mrs.Mulik M. Soni appearing on behalf of the applicant submits that initially the bail was granted by the learned Special Court on 29.11.2019. However, he could not remain present and because of that, non bailable warrant was issued and in execution of non bailable warrant, he was arrested and taken into custody on 15.09.2023. Learned advocate Mr. Soni submits that he would corporate with the trial and would remain present before the learned trial Court and also deposit Rs.25,000/- towards surety before the Learned Trial Court and pressed to grant the present application for grant of regular bail.
Learned APP Ms.Patel appearing on behalf of the respondent-State has opposed grant of regular bail and pointed out that the case is at the stage of framing of charge and various non bailable warrants were issued from 20.09.2021 to date of the order as the non bailable warrant were also not executed, the notice was issued to the surety on 22.06.2023. The surety was also not remained present and therefore, the bond was ordered to be confiscated. Thereafter, the applicant remained present on 15.09.2023 and therefore, no discretion is required to be made in favour of the present applicant.
This Court has heard the learned advocates appearing on behalf of the respective parties and perused the papers. It is not in dispute that six witnesses have already been examined and he is under custody from 15.09.2023 and sufficient time has been passed as of now and in view of the fact that once bail is already granted to the applicant, this Court deem it fit to allow the present application enlarging the the applicant on regular bail.
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.11203023240051 of 2021 registered with Junagadh City ‘A’ Police Station, District Junagadh on executing Rs.25,000/- (Rupees Twenty Five Thousand only) towards surety of the like amount to the satisfaction of the trial Court and on all conditions mentioned while granting bail, additionally he shall;
a) mark his presence before the concerned Police Station twice in a week for a period of six months between 11.00 a.m. and 2.00 p.m.;
b) file an undertaking before the learned Trial Court that he would cooperate with the Trial Court and not remain absent.
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.
Surety 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.