1. This successive application has been preferred under Section 439 of the Code of Criminal Procedure, 1973 in connection with the offence being CR No.I-298 of 2011 registered with Vatva Police Station, Ahmedabad, for the offences u/s. 307 and 326 of the Indian Penal Code.
2. Heard Mr.Sanjay Prajapati, learned advocate for the applicant. He has contended that no prima-facie case is made out against the present applicant. The applicant is innocent and falsely involved in the said offence. He has contended that looking to the complaint offence of Section 307 of the Indian Penal Code is not made out and the accident is converted into attempt to murder. The applicant is in jail for 10 months and his economical condition is very poor. He has prayed that present applicant may be released on the ground of mercy. Therefore, he has prayed to grant bail to the present applicant.
3. Heard Ms.Jirga Jhaveri, learned APP for the respondent State. Ms.Jhaveri has vehemently opposed the present application.
4. It is true that present applicant is involved in the offence committed against the police. But looking to the jail period of the present applicant and Medical Certificate without going into merits of the case, I am inclined to grant bail to the applicant.
5. Considering the above, this Application is allowed. The applicant is ordered to be released on bail in connection with CR No.I-298 of 2011 registered with Vatva Police Station, Ahmedabad, for the offence alleged against him in this Application on his 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 his liberty or abuse his liberty;
b) not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) maintain law and order and should cooperate the Investigating Officer;
d) not act in a manner injurious to the interest of the prosecution;
e) not enter into the area of Vatva Police Station, Vatva GIDC Police Station, Ramol Police Station and Isanpur Police Station.
f) not leave the country without the prior permission of the concerned Sessions Judge;
g) furnish the address of his 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;
h) surrender his passport, if any, to the lower Court within a week.
6. If the 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.
7. 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.
8. Rule is made absolute. Direct service is permitted.
(Z.K.SAIYED, J.) kks Top