1. Rule. Learned APP, Mr.K.L.Pandya, waives service of notice of Rule on behalf of the State.
2. The accused-applicant has prayed for regular bail in connection with offences registered with Kutiyana Police Station, Porbandar vide C.R.No.I-46 of 2010 for offences punishable under Sections 406, 409, 420, 465, 467, 471 and 120-B of Indian Penal Code.
3. I have heard learned senior counsel, Mr.P.M.Thakkar for the accused-applicant and learned APP, Mr.K.L.Pandya, for the State.
4. Learned counsel for the accused-applicant has submitted that all offences are magistrate triable offences. Investigation is over and the charge-sheet has been filed. Counsel has further submitted that accused is in custody since 8^th December, 2010. My attention has been drawn to page 14 of the compilation, which is a part of the FIR. Page 14 is the list of the persons who have not been paid their dues. The total amount comes to around Rs.1,43,838/-. Learned counsel would further submit that he is a local resident of village: Kotada. He is an agriculturist having deep roots in the society and is ready and willing to abide by the conditions which may be imposed by this Court.
5. Learned APP, Mr.Pandya, vehemently opposed the application and according to Mr.Pandya, the accused-applicant has abuse his position of the Sarpanch of the Village and the amount involved in the alleged fraud is about Rs.95 Lacs.
6. Having regard to the rival contentions of the respective counsel, I have noticed that though there is mention of an amount of Rs.95 Lacs in the order of the learned Sessions Judge, but, prima-facie it appears that the case is that out of total number of workers about 76 were not paid their dues and that figure comes to around Rs.1,43,838/-. Prima-facie, it appears that the TDO had verified the work; wherein, it is stated that various work has been satisfactorily completed as per Annexure-D. Considering the fact that now the investigation is over and the charge-sheet has been filed and all offences are magistrate triable offences and further considering the quantum of the amount involved in the matter, even if, the case of the prosecution is accepted for the time being, I am persuaded to exercise my discretion in favour of the accused-applicant.
7. The applicant is ordered to be released on bail in connection with offences registered with Kutiyana Police Station, Porbandar being C.R.No.I-46 of 2010 on his executing a bond in the sum of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the lower Court and subject to the conditions that he shall,
(a) Not take undue advantage of or misuse liberty;
(b) Maintain law and order and should co-operate with the investigating officer;
(c) Not act in a manner injurious to the interest of the prosecution;
(d) Surrender his passport, if any, to the lower Court within a week;
(e) Not leave the local limits of the State of Gujarat without prior permission of the Sessions Judge concerned;
(f) shall mark his presence before the concerned Police Station on every fourth Sunday of English Calendar between 9.00 a.m. and 5.00 p.m. till the trial against him is completed;
(g) Furnish the address of his residence at the time of execution of the bond and shall not change the residence without prior permission of this Court.
8. The Authorities will release the applicant only if he is not required in connection with any other offence for the time being.
9. 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.
10. Bail bond to be executed before the lower Court having jurisdiction to try the case.
11. This application is allowed. Rule is made absolute. Direct service is permitted.