By way of this application filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release him on regular bail in connection with CR No.I-374 of 2011 registered with Amraiwadi Police Station for the offence punishable under Sections 147, 148, 149, 324, 302, 120(b) of IPC and Sec.135(1) of B.P.Act.
Heard Mr.M.M.Shaikh, learned advocate for the applicant and Mr.L.B.Dabhi, learned Additional Public Prosecutor for respondent-State.
It is submitted by learned advocate for the applicant that similar role played by the co-accused were released on bail by this Court vide common oral order dated 14-2-2012 passed in Cri.Misc.Appln.No. 163 of 2012 with Cri.Misc.Appln.No. 234 of 2012 with Cri.Misc.Appln.No.1201 of 2012 with Cri.Misc.Appln.No.1590 of 2012 and hence, applicant may be released on parity.
It is true that other co-accused was released on bail by this Court vide common oral order dated 14-2-2012 passed in Cri.Misc.Appln.No. 163 of 2012 with Cri.Misc.Appln.No. 234 of 2012 with Cri.Misc.Appln.No.1201 of 2012 with Cri.Misc.Appln.No.1590 of 2012 and hence, applicant is entitled to be released on parity. In view of above facts and circumstances of the case and now the charge-sheet is filed, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail on the ground of parity.
Hence, the applicant is ordered to be released on bail in connection with CR No.I-374 of 2011 registered with Amraiwadi Police Station , for the offence alleged against him in this application on his executing personal bond of Rs.20,000/- (Rupees Twenty thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall-
a) not take undue advantage of liberty or liberty;
b) not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) maintain law and order and should cooperate the Investigating Officer;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) furnish the address of residence along with the proof 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 this Court;
g) surrender passport, if any, to the lower Court within a week.
If the breach of any of the above conditions is committed, the concerned Court will be free to issue warrant or take appropriate action in the matter.
Bail before the lower Court having jurisdiction to try the case. It would be open to the trial Court concerned to give time to furnish the solvency certificate if prayed for. Rule is made absolute. Direct service is permitted.
[M.D.SHAH,J.] radhan Top