The instant application is filed by the applicants, who are original accused Nos.3 and 2 seeking regular bail after chargesheet u/s.439 of the Cr.P.C. in connection with Bavlu police station C.R.No.I - 32 of 2012 pertaining to the offences punishable u/ss.306, 498(A) r/w.Section 114 of the IPC.
Mr.Thakore, learned advocate for the applicants, at the outset, submitted that both the applicants had initially filed bail application before this Court being Cr.M.A.No.8437 of 2012, but while said bail application was pending before this Court, the chargesheet came to be filed and, therefore, the said bail application came to be withdrawn by the applicants, reserving liberty of the applicants to move for bail before the appropriate Court and, accordingly, vide order dated 28.6.2012, said bail application was permitted to be withdrawn, reserving the liberty of the applicants to move for bail before the appropriate Court. It is submitted that, thereafter, the applicants filed appropriate bail application in the Sessions Court, Mehsana, which came to be dismissed on 15.7.2012 and, hence, this application is filed.
2.1 Mr.Thakore, learned advocate for the applicants, took me through the FIR and submit that so far as the applicants are concerned, who are original accused Nos.3 and 2 and they happen to be brother-in-law and mother-in-law of the deceased. It is further submitted that even as per the FIR, the marriage span of the deceased with the original accused No.1 - Abhabhai Chhotabhai Aod was of 10 years. It is further submitted that considering the FIR, so far as the applicants are concerned, only general allegations are levelled. It is submitted that now in the instant matter, the entire investigation is over and chargesheet is filed.
Mr.Kodekar, learned APP for the respondent - State opposed this application.
Having considered the submissions advanced on behalf of both the sides, so also considering the relevant part of the FIR, it transpires that the applicants happen to be brother-in-law and mother-in-law of the deceased and the marriage span of the deceased with original accused No.1 - Abhabhai Chhotabhai Aod was of 10 years and considering the nature of general allegations levelled qua the applicants and further considering the fact that the applicant No.2 is lady accused and old aged and further the fact that in the instant matter, now the entire investigation is over and chargesheet is filed, the application deserves to be allowed.
Learned counsel for the parties do not press for further reasoned order.
In the facts and circumstances of the case, the application is allowed and the applicants - Aod Jitubhai Chhotabhai and lady accused
- Aod Dariyaben Chhotabhai are ordered to be released on bail in connection with Bavlu police station C.R.No.I - 32 of 2012, on executing a bond of Rs.10,000/- (Rupees Ten Thousand only) each with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that they 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 passport, if any, to the lower court within a week;
(d) not leave India without prior permission of the trial Court concerned;
(e) applicant No.1 -
Aod Jitubhai Chhotabhai shall mark presence at the concerned police station on the first Sunday of every month between 10.00 a.m. and 3.00 p.m. till further order;
(f) furnish the present address of residence to the I.O. 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 applicants 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 trial Court 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.
For modification and/or deletion of any of the conditions herein above, the applicant/s will be at liberty to approach the concerned Court and such Court shall decide the application for modification and/or deletion of any of the conditions of this order 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 applicants on bail.
Rule is made absolute to the aforesaid extent. D.S. Permitted.
(J.C.UPADHYAYA, J.) (binoy) Top