1. Learned APP Mr.Dabhi waives service of rule for and on behalf of the State.
2. This Application has been filed under Section 439 of the Code of Criminal Procedure, praying for regular bail, in connection with I-CR No.119/2011 registered with Palanpur Police Station, Banaskantha for the offences punishable under Sections 395 and 427 of Indian Penal Code.
3. Heard learned advocate Mr.Abichandani for the applicant-accused and learned APP Mr.Dabhi for the State.
4. Having regard to the rival contentions of the respective counsel and taking into consideration the facts of the case, nature of allegations, role attributed to the accused and punishment prescribed for the alleged offences coupled with the fact that substantially investigation is over and there is no possibility of tampering with the evidence, without discussing the evidence in detail, at this stage, I am inclined to enlarge the applicant on bail in connection with I-CR No.119/2011 registered with Palanpur Police Station, Banaskantha for the offences punishable under Sections 395 and 427 of Indian Penal Code, on his executing bond in the sum of Rs.15,000=00 (Rupees Fifteen Thousand Only) with one solvent 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 the 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 on every 1st and 15th day of English Calender month between 11.00 am and 2.00 pm;
(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.
5. The authorities will release the applicant only if he is not required in any other offence for the time being.
6. 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.
7. Bail bond to be executed before the lower Court having jurisdiction to try the case.
8.Rule made absolute. Direct service is permitted.