This application is filed under Section 439 of the Code of Criminal Procedure in connection with First Information Report registered as I-C.R. No. 180 of 2011 with Deesa Rural Police Station, Dist. Banaskantha for the offences punishable under Sections 323, 324, 504 and 114 of the Indian Penal Code.
Heard learned Additional Public Prosecutor Ms. Krina Calla for the respondent-State.
Learned Counsel appearing for the applicants does not press this application for the applicant No. 1-Ajmalji @ Ajaji. He further submitted that chargesheet is filed and the role attributed to applicant No.2, Jagdishji @ Jagaji Devaji Thakor is that he gave dharia blow to one Bhurajibhai-injured, who was subsequently discharged from the hospital and hence, the applicant No. 2 may be enlarged on bail.
Learned Counsels for the parties do not press for further reasoned order.
Considering the role attributed to the applicant No. 2 and the fact that charge-sheet is filed, this application is allowed qua applicant No.2 and the applicant No. 2 is ordered to be released on bail in connection with First Information Report registered as I-C.R. No. I-180 of 2011 with Deesa Rural Police Station, on executing a bond of Rs.10,000/- (Rupees Ten 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 misuse liberty;
b) not act in a manner injurious to the interest of the prosecution;
c) surrender his passport, if any, to the lower court within a week;
d)not to tamper or pressurize the prosecution witnesses or complainant in any manner:
e)not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
e) furnish the present address of his 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 this Court;
The authorities will release the applicant No. 2 only if 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.
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 made absolute qua applicant No.2. Rule is discharged qua applicant No.1. Direct Service is permitted.
(M.D.
Shah, J.) Jyoti Top