1. This successive bail Application has been preferred under Section 439 of the Code of Criminal Procedure, 1973 in connection with the offence being CR No.I-64 of 2011 registered with Kosamba Police Station, Surat for the offences under Sections 147, 148, 149, 323, 324, 307, 302, 504, 427 and 120B of the Indian Penal Code.
2. Heard Mr.H.A.Dave, learned counsel for the applicant. Mr.Dave has read the order dated 1.3.2012 passed by the Coordinate Bench (Coram : Mr.Justice M.D.Shah,J) and contended that co-accused are released on bail by this Court. He has contended that the case of the present applicant is on same footing. It is contended that looking to the statements of the witnesses as well as looking to the role of the present applicant he has not caused serious injury. It is further contended that, no doubt, muddamal is recovered, but looking to the role of the present applicant, ground of parity is straightway applicable to the case of present applicant. He has, therefore, prayed to release applicant on bail.
3. Heard Mr.S.V.Raju, learned Special Public Prosecutor, appearing with Mr.H.L.Jani, learned APP for the respondent - State. He has read statements of the witnesses and has also shown the role of the present applicant and contended that against present applicant, main allegation is of unlawful assembly and it prima-facie appears that he is member of unlawful assembly. He has contended that the present applicant is assailant and he came with the common object to commit the alleged offence. It is contended that, no doubt, co-accused are released on bail by Coordinate Bench of this Court, but the ground of parity cannot be applied to the case of the present applicant. He has, therefore, prayed to reject the application.
4. Heard learned advocates for both the sides. From the statements of the injured witnesses, recovery of the muddamal as well as report of the FSL prima-facie involvement of the present applicant appears. But so far as question of parity is concerned, I have perused the order of the Coordinate Bench (Coram : Mr.Justice M.D.Shah,J) of this Court wherein co-accused are released on bail. I have considered the role of the released co-accused with that of the present applicant, and his case appears to be on same footing. I am, therefore, of the opinion that this is a fit case to consider the case of the applicant on the ground of parity.
5. It is required to be noted that this Court has not gone into merits of the case.
6. Considering the above, this Application is allowed. The applicant is ordered to be released on bail in connection with CR No.I-64 of 2011 registered with Kosamba Police Station, Surat 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 Surat (Rural)
f) mark presence at LCB Police Station, Athva Lines, Surat on 15th of every English Calender month between 11:00 a.m. to 12:00 p.m. and police will not detain him.
g) not leave the country without the prior permission of the concerned Sessions Judge;
h) 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;
i) surrender passport, if any, to the lower Court within a week.
7. 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.
8. 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.
9. Rule is made absolute. Direct service is permitted.
(Z.K.SAIYED, J.) kks Top