The instant application is filed seeking regular bail after charge-sheet under Section 439 of the Code of Criminal Procedure in connection with Patdi Police Stastion, District:Surendranagar, C.R No.I-3 of 2012 for the offences punishable under Sections 302, 504 and 114 of the Indian Penal Code and Section 135 of the Bombay Police Act.
Mr.Prajpati, learned advocate for the applicants, at the outset, submitted that, in the instant matter, the entire investigation is over and charge-sheet is filed. It is further submitted that considering the F.I.R. only role attributed to both the applicants, who are original accused no.3 and 4 is that deceased was caught hold of by them. There is no allegation that any of the applicants inflicted any blow on the body of the deceased or caused any injury.
Learned APP appearing for the State opposed this application.
Having considered the submissions advanced on behalf of both the sides, so also considering role attributed to the applicants, who are accused nos. 3 and 4 is that at the time when co-accused Bhimabhai inflicted a blow with knife and co-accused Mukeshbhai inflicted knife blow on the deceased, the deceased was allegedly caught hold of by the applicants.
In above view of the matter, without further examining the evidence of the prosecution, this Court is of the opinion that the discretionary powers vested to this Court under Section 439 of the Code of Criminal Procedure deserves to be exercised in favoaur of the applicants.
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 are ordered to be released on bail in connection with first information report registered at Patdi Police Station, Dist:Surendranagar, C.R No.I-3 of 2012 , on executing a bond of Rs.20,000/- (Twenty Thousand) 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 the State of Gujarat without prior permission of the Sessions Judge concerned;
(e) mark presence at the concerned police station on the first Sunday of every month between 10.00 a.m. and 3.00 p.m. for three months only;
(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 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.
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 applicant on bail.
Rule is made absolute to the aforesaid extent. Direct service is permitted.
(J.C.UPADHYAYA, J.) Girish Top