1.0 Heard learned advocate Mr. Amit Panchal with Mr. Bomi Shethna for the applicant - original accused No. 2. The learned advocate for the applicant invited attention of the Court to the F.I.R., which is produced at Annexure 'A'. The learned advocate for the applicant also invited attention of the Court to the circumstances for which the application is pressed for being taken on urgent basis. He also submitted that the applicant has not played any overt act.
2.0 Rule.
Learned Additional Public Prosecutor Mr. HK Patel waives service of process of Rule on behalf of the respondent - State.
3.0 The learned Additional Public Prosecutor submitted that the trial is already commenced and four witnesses are examined and the next date fixed is 25th May 2012. In response to that the learned advocate for the applicant invited attention of the Court to page 26 wherein, the Charge-sheet, number of witnesses, names and addresses are set out. In all the prosecution has mentioned 46 witnesses to be examined in a case, whereas, the case of th prosecution is that the cousin brother of the deceased was only eye-witness. The murder has taken place in day light in the main bazaar. The learned advocate for the applicant pointed out that out of four witnesses three witnesses are the panch witnesses and even the cross-examination has not yet started. In meantime, the wife and the child of tender age is going to suffer on account of their social boycott.
4.0 Taking the aforesaid facts into consideration, the applicant is ordered to be released on bail in connection with F.I.R. C.R. No. I-72/2011 registered with the Savarkundla Police Station, Dist. Amreli on his executing a bond of Rs.5,000/- (Rupees Five 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 abuse liberty;
b) maintain law and order;
c) not act in a manner injurious to the interest of the prosecution;
d) furnish the present address of residence and contact number to the I.O. and also to the lower Court at the time of execution of the bond and shall not change the residence without prior permission of this Court;
e) mark their presence before the concerned Police Station once in three months more particularly between 1st and 10th of month between 10.00 a.m. and 2.00 p.m.;
f) the applicant shall not enter in Amreli District except for attending the trial.
g) not leave the limits of the country without prior permission of this Court;
h) surrender passport, if any, within a week to the lower Court;
5.0 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.
6.0 Bail before the lower Court having jurisdiction to try the case.
7.0 Rule is made absolute to the aforesaid extent. Direct service is permitted.
[ Ravi R. Tripathi, J. ] hiren Top