1. Rule returnable forthwith. Ms. Chandarana the learned APP waives service of notice of rule for and on behalf of the respondent State.
2. The present successive application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with the First Information Report being C.R. No.I198 of 2014 registered with the Bapunagar Police Station, District Ahmedabad of the offence punishable under Sections 302, 114 of the Indian Penal Code and Section 135(1) of the G.P. Act.
3. The learned advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.
4. The learned APP appearing on behalf of the respondentState has opposed grant of regular bail looking to the nature and gravity of the Page 1 of 4 R/CR.MA/6163/2015 ORDER offence.
5. The learned advocates appearing on behalf of the respective parties do not press for further reasoned order.
6. I have heard the learned advocates appearing on behalf of the respective parties and perused the papers of the investigation and considered the allegations levelled against the applicant and the role played by the applicant.
7. The following aspects are taken into consideration: (1) The investigation is over. The chargesheet is filed. (2) The applicant herein and his two sons are alleged to have assaulted to the deceased. The two sons of the applicant herein are minor and therefore, they would be tried under the Juvenile Justice Act. (3) Having regard to the genesis of the occurrence, it appears that the deceased was armed with a fire arm. He fired a shot from the weapon which resulted in serious injuries to the wife of the applicant. It is thereafter that the applicant and his two sons assaulted the deceased. It also appears that the deceased was a history sheeter. At the time of the incident, there were five cases registered against him of the offence of attempt to commit murder, Arms Act, Criminal Trespass, etc. (4) I am conscious of the fact that I am exercising my discretion in favour of the applicant herein who is alleged to have committed an offence of murder punishable under Section 302 of the Indian Penal Code, but as discussed above, having regard to the genesis of the occurrence, I am persuaded to exercise my discretion.
8. This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation, reported in [2012]1 SCC 40.
R/CR.MA/6163/2015 ORDER
9. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the FIR, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail.
10. Hence, the present application is allowed and the applicant is ordered to be released on regular bail in connection with the First Information Report being C.R. No.I198 of 2014 registered with the Bapunagar Police Station, District Ahmedabad, on executing a personal bond of Rs.10,000/ (Rupees Ten Thousand only) with one 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 liberty or misuse liberty;
[b] not act in a manner injuries to the interest of the prosecution;
[c] surrender passport, if any, to the lower court within a week;
[d] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[e] mark presence before the concerned Police Station on alternate Monday of every English calendar month for a period of six months between 11:00 a.m. and 2:00 p.m.;
[f] 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;
11. The authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail Page 3 of 4 R/CR.MA/6163/2015 ORDER bond to be executed before the lower Court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions, in accordance with law. At the trial, the trial Court shall not be influenced by the observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the applicant on bail. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(J.B.PARDIWALA, J.) chandresh Page 4 of 4