1. This petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 is preferred by the petitioners/original accused Nos. 1 to 4 with a prayer to quash and set aside the order dated 18.2.2012 passed by learned 6th Additional Sessions Judge, Bhavnagar Camp at Botad, by which, bail granted to the petitioners earlier as per order dated 21.11.2008 in Criminal Misc. Application No. 14436 of 2008 by the High Court came to be cancelled on the ground of breach of conditions No. 8 (a) and
(b) of the said order.
2. Learned advocate for the petitioners submit that the petitioners are in jail since 18th February, 2012 onwards and further the complainant is already examined and cross-examined and by imposing any strict conditions the case of the petitioners be considered since they were already enlarged on bail in a case where allegations are levelled against each other. It further submitted that the petitioners will abide by the conditions that may be imposed by the Court.
3. Learned advocate for the complainant has oppossed request of the petitioners and submit that when they have committed breach of the conditions of order of bail, this petition be rejected.
4. I have heard learned APP.
5. Considering overall facts and circumstances and nature of allegations levelled in the complaint made by the complainant, for which, the petitioners were ordered to be taken into judicial custody by cancelling their bail and allowing the application under Section 439(2) of the Code by the learned 6th Additional Sessions Judge upon an appication preferred by the complainant, I am of the view that by imposing strict conditions the petitioners be enlarged on bail on furnishing a bond of Rs. 5,000/- each with one surety of the like amount to the satisfaction of the of the trial Court and subject to the conditions that they shall;
not take undue advantage of liberty or misuse liberty;
not act in a manner injurious to the interest of the prosecution;
surrender their passport, if any, to the lower court within a week;
not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
shall not enter Botad Taluka for a period of three months except for marking presence or attending trial;
mark their presence at the concerned police station once in a fortnight every month between 10.00 a.m. and 3.00 p.m. furnish the present address of residences 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;
6. The Authorities will release the petitioners only if they are not required in connection with any other offence for the time being.
7. 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.
8. Bail bond to be executed before the lower court having jurisdiction to try the case.
9. 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 petitioners on bail.
10. Petition is allowed to the aforesaid extent. D.S. Permitted.
(ANANT S. DAVE, J.) //smita// Top