The present Criminal Misc. Application has been filed for grant of Regular Bail under Section 439 of the Criminal Procedure Code which is a successive bail application after the Criminal Misc. Application No.14397 of 2010 has been withdrawn vide order dated 9.12.2010.
The Applicant -
accused is charged with having committed offence under Sections 302 and 34 of the Indian Penal Code and Sections 37(1) and 135 of the Bombay Police Act for which complaint has been lodged being I-CR No. 93 of 2010 with Gondal Taluka Police Station.
Heard learned Advocate Mr. Kamal M.Sojitra for the Applicant and learned APP Mr. H.L.Jani for the Respondent - State of Gujarat.
Learned Advocate Mr. Sojitra for the Applicant has submitted that the role has been attributed to the other co-accused. He tried to submit with regard to the background and the circumstances in which the incident had occurred. However, he submitted that the scuffle took place and therefore considering the role the Applicant accused may be released.
Learned APP Mr.H.L.Jani resisted the Application and submitted that the gravity of offence may be considered and as the earlier bail application has not been entertained, this application being a successive bail application and there are no change in the circumstances as well as the presence is established, the present application may not be entertained.
Having heard learned Advocate Mr. Kamal S.Sojitra for the Applicant and learned APP Mr. H.L.Jani and having considered the nature of office, the role attributed and also considering the submissions, including the statement of the child witness though the presence is established, the present application deserves to be allowed.
Accordingly, the present application stands allowed. The applicant - DHIRUBHAI NANJIBHAI SOLANKI (DEVIPUJAK) is ordered to be released on bail in connection with I-CR No. 93 of 2010 registered with Gondal Taluka Police Station, on his executing a bond of Rs.10,000/- (Rupees Ten Thousand), 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 his liberty or abuse his liberty.
(b) not to try to tamper or pressurize the prosecution witnesses or complainant in any manner.
(c) not act in any manner injurious to the interest of the prosecution.
(d) maintain law and order and should cooperate the investigating officers.
(e) mark his presence before Gondal Taluka Police Station on every 1st day of calendar month between 11:00 AM to 2:00 PM.
(f) furnish the 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 his residence without prior permission of the Court.
(g) surrender his passport, if any, to the lower Court, within a week.
If breach of any of the above conditions is committed, the concerned Sessions Judge 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 permitted.
(Rajesh H.Shukla,J) Jayanti* Top