~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner is the 3rd accused in Crime No.1922/2014 of Kundara Police Station registered for the offences punishable under Sections 341, 506(ii), 323 and 307 read with Section 34 IPC.
3. The allegation against the petitioner is that he, along with the other accused, in furtherance of their common intention, wrongfully restrained the de facto complainant and his son and the 1st accused stabbed the de facto complainant with a sharp knife, thereby inflicting a serious injury and thereby attempting to commit murder. The petitioner was arrested on 17.09.2014 and thereafter, he has been in custody.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. The learned Public Prosecutor has opposed the petition on the ground that the knife, which was made use of by A1 has not yet been recovered. It seems that A1 was arrested on 30.09.2014. If at all any weapon has to be recovered, the same can be recovered only through A1. There is no allegation that the present petitioner had made use of any weapon. Having regard to the period undergone by the petitioner in custody and the present stage of investigation, I am of the view that the petitioner can be enlarged on bail.
6. In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for `50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:-
(i) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Mondays and Thursdays, commencing from 27.10.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/20/10