1. Rule.
Learned APP, waives service of rule on behalf of respondent-State.
2. Learned counsel appearing for the applicant submitted that investigation is over and charge sheet is filed. It is further submitted that a co-accused having substantially similar role is enlarged and the applicant is in jail since 31.12.2010. It is further submitted that considering the nature of allegations and role attributed to the applicant, by imposing suitable conditions, the applicant may be enlarged on bail.
3. Heard learned APP for the respondent - State.
4. Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the facts that co-accused having substantially similar role is enlarged and the applicant is in jail since 31.12.2010 and that charge sheet is filed, without discussing the evidence in detail, at this stage, I am inclined to enlarge the applicant on bail in connection with C.R.No.I-112 of 2010 of Khambholaj Police Station, District Anand for the offences punishable under sections 306, 504, 506(2), 511 and 114 of the Indian Penal Code, on furnishing bond of Rs.10,000/- (Rupees ten thousand only) with one surety of the like amount to the satisfaction of the lower Court and on conditions that the applicant shall :
[a] not take undue advantage of liberty or abuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] maintain law and order;
[d] mark presence before the concerned Police Station on every 1st and 15th day of English Calender month between 11.00 a.m. and 2 p.m for three months;
[e] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[f] furnish the address of residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
[g] surrender passport, if any, to the Lower Court immediately.
5. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.
6. At the trial, the trial court shall not be influenced by the prima facie observations made by this Court while enlarging the applicant on bail.
7. Bail before the Lower Court having jurisdiction to try the case.
8. Rule is made absolute. Direct service is permitted.
[Anant S. Dave, J.] //smita// Top