1.Rule. Mr.A.Y.Kogje learned Addl. Public Prosecutor for the State waives the service.
2.Heard learned advocate Mr.Saiyed for the applicant and Mr.A.Y.Kogje learned Addl. Public Prosecutor for the respondent - State.
3.Following aspects are considered :
(i) Charge-sheet is laid;
(ii) Incident is of 11th April,2004; The death occurred on 25th April,2004; P.M. was performed on 26th April,2004 and the FIR came to be lodged on 10th September,2004.
(iii) The injury caused to the deceased in the incident attributed by the prosecution is on the left thigh and the cause of death is cardio respiratory arrest which according to doctor was referable to the thigh injury.
In the opinion of this Court, in absence of any other criminal antecedents, applicant's case deserves positive consideration.
4.Considering the submissions made on behalf of the parties and having regard to the circumstances and facts of the case, the application is allowed and the applicant is ordered to be released on bail in connection with Crime Register No.I-273 of 2004 of Madhupura Police Station on his executing a bond of Rs.10000/- (Rupees ten thousand only) with one surety of the like amount to the satisfaction of the lower Court and subject to the conditions that he shall,
(a) not take undue advantage of his liberty or abuse his liberty;
(b) not act in a manner injurious to the interest of the prosecution;
(c) maintain law and order;
(d) mark his presence before concerned Police Station on 1st Sunday every month between 9.00 a.m. and 2.00 p.m.;
(e) not leave the State of Gujarat without the prior permission of the Sessions Court concerned;
(f) furnish the address of his residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
5.If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or to take appropriate action in the matter.
6.Bail before the lower Court having jurisdiction to try the case.
7.Rule is made absolute. Direct service is permitted.
(A.L.Dave,J) (vipul)