This application is filed under Section 439 of the Code of Criminal Procedure in connection with First Information Report registered as I-C.R. No.4/2012 with Palanpur City Police Station, Banaskantha for the offences punishable under Sections 302 and 114 of the Indian Penal Code.
Learned Counsel appearing for the applicant submits that the chargesheet is filed. It is also submitted that initially a quarrel is alleged to have taken place between the present applicant and the other accused. The incident is alleged to have occurred because of an accident which occurred between a motorcycle and another car. When the deceased Ashwin intervened and telephoned the Ambulance (108), there was a squabble as to why the Ambulance was called? It is alleged that the pillion rider of the motorcycle inflicted a knife blow to the deceased (Ashwin). However, considering the role attributed to the applicant and considering the fact that he was driving the motorcycle and the injuries are alleged to be caused by one - Shailesh, it is submitted that the applicant may be enlarged on bail.
Heard learned Additional Public Prosecutor Mr. L.B. Dabhi for the respondent-State.
Learned Counsels for the parties do not press for further reasoned order.
In the facts of the case and considering the specific role attributed to the applicant, this application is allowed and the applicant is ordered to be released on bail in connection with First Information Report registered as I-C.R. No.4/2012 with Palanpur City Police Station, Banaskantha, on 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 liberty or misuse liberty;
b) not try to tamper or pressurize the prosecution witnesses or complainant in any manner;
c) not act in a manner injurious to the interest of the prosecution;
d) surrender his passport, if any, to the lower court within a week;
e) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) mark presence at the concerned Police Station on the first Sunday of every month between 10.00 a.m. and 3.00 p.m. for three months only;
g) furnish the present address of his 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 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 Sessions Judge concerned will be free 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.
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 made absolute. Direct Service is permitted.
Before parting with the order, it is clarified that while deciding the bail application of the other accused/co-accused, the same shall be decided on merits and in accordance with law and this order granting bail to the applicant herein will not come in the way and will not be treated as a precedent.
Sd/-
(M.D.
Shah, J.) Caroline Top