Applicant
- Bhakaji Banuji Thakore has preferred this application under Section 439 of CR.P.C for grant of regular bail in connection with complaint being I.C.R No. 15 of 2012 registered with Deesa Rural Police Station for the offences punishable under Sections 302, 504, 147, 148 and 149 of IPC.
Learned advocate P.P.Majmudar appearing for the accused-applicant has urged this Court that this is the first bail application before this Court, after the charge-sheet has been filed. The only role attributed to the present applicant according to the learned advocate is of giving blows on hands and legs. However, the PM report does not substantiate such version of the prosecution.
Moreover, no injuries are even allegedly attributed to the deceased due to any action of the applicant . With there being no possibility of his running away, he be enlarged on bail . He is also further urged that he belongs to a labour class whose father was passed away and his mother is dependent on the present applicant being sole bread earner.
On thus having heard learned APP Mr.M.G.Nanavati and on having examined the papers of charge-sheet, The factum is not a dispute that there is limited role attributed to this applicant of injuring the deceased with baton on hands and legs . However, medical papers prima facie do not confirm to the said aspects.
In the above mentioned circumstances, considering the fact that the charge-sheet has been already filed . There is no apprehension of applicant being not available at the time of trial, for his having permanent abode. This Court is of the opinion that this application requires consideration by exercising the discretionary jurisdiction.:
Applicant-Bhakaji Banuji Thakore is ordered to be released on bail in connection with I.C.R No. 15 of 2012 registered with Deesa Rural Police Station on executing a bond of Rs. 20,000/- (Rupees Twenty thousand only) with one surety of like amount to the satisfaction of the trial Court and subject to the conditions that he 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 Gujarat and India without prior permission of the Sessions Judge concerned
(e) mark presence at the concerned police station on the 1st and 15th of every English Calender month between 11.00 a.m. and 3.00 p.m.;
(f) shall not enter Aakhol nani, District Deesa till the trial of in the case is over, .
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g) furnish the present address of residence to the Investigating Officer 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 jail authorities will release the applicant 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 trial Court concerned will be at liberty 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 will be at liberty to approach the concerned Court and such Court shall decide the application for modication and/or deletion of any of the conditions of this order in accordance with law.
The trial Court shall not be influenced by the observations of preliminary nature made, while enlarging the applicant on bail.
Rule is made absolute to the aforesaid extent. Direct service is permitted.
(Ms.Sonia Gokani,J) bina Top