1.Rule. Mr.L.R.Pujari learned Addl. Public Prosecutor for the State waives the service.
2.Heard learned advocate Mr.Y.S.Lakhani for the applicants and Mr.L.R.Pujari learned APP for the respondent - State.
3.Following aspects are considered :
(i) Charge-sheet is laid;
(ii) The genesis of the dispute lies in possession of a shop;
(iii) The applicants are not alleged to have caused any injury to the deceased;
(iv) The injuries allegedly caused by the applicants are on the little fingers and on upper arm shoulder and foot to the witnesses, which cannot be considered as grievous, prima facie;
(v) Involvement of the applicants in another offence also has its roots regarding dispute of possession of the shop which again was a cross case; and
(vi) Discovered weapons do not contain any blood stains;
In the opinion of this Court, at this stage, bail cannot be denied. However, looking to the antecedents and the manner in which the incident has occurred, certain stringent conditions are required to be imposed.
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 applicants are ordered to be released on bail in connection with Crime Register No.I-333 of 2003 of Vejalpur Police Station on their executing a bond of Rs.10,000/- (Rupees ten thousand only) each with one surety each of the like amount to the satisfaction of the lower Court and subject to the conditions that they shall,
(a) not take undue advantage of their liberty or abuse their liberty;
(b) not act in a manner injurious to the interest of the prosecution;
(c) maintain law and order;
(d) will not enter Juhapura area, Ahmedabad city for a period of four months;
(e) not leave the State of Gujarat without the prior permission of the Sessions Judge concerned;
(f) furnish the address of their residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
(g) surrender their passports, if any, to the lower court within a week.
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.