1. Learned counsel appearing for the applicant submitted that charge sheet is filed. It is further submitted that considering the nature of allegations and role attributed to the applicant, by imposing suitable conditions, the applicant may be enlarged on bail. It is also submitted that applicant is in jail since 23.3.2012.
2. Heard learned APP for the respondent - State.
3. The offence took place in the year 2002 and subsequently present applicant was released on bail. Thereupon, he was arrested in another case. It is submitted that thereupon, the bifurcation of Court took place and the case of the applicant was transferred to Dahod Sessions Court and so the applicant could not remain present before the Court and subsequently he was arrested by the police.
4. Having heard learned counsel for the parties and perusing the record of the case and taking into consideration the facts of the case, nature of allegations, role attributed to the accused coupled with the fact that charge sheet is filed, a case is made out. Hence, this application is allowed. The applicant is ordered to be enlarged on bail in connection with C.R.No.I-52 of 2002 of Dahod Rural Police Station, District Dahod for the offences punishable under sections 143, 147, 148, 149, 307, 323, 504 of the Indian Penal Code, 25(C) of the Arms Act and Section 135 of the Bombay Police Act on furnishing bond of Rs.20,000/- (Rupees twenty thousand only) with one solvent surety of the like amount to the satisfaction of the lower Court and on conditions that the applicant shall :
[a] not take undue advantage of liberty or abuse liberty;
[b] not act in a manner injurious to the interest of the prosecution;
[c] maintain law and order;
[d] mark presence before the concerned Police Station on every 1st and 15th day of English Calender month between 11.00 a.m. and 2 p.m till the trial is over;
[e] not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
[f] furnish the address of residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
[g] surrender passport, if any, to the Lower Court immediately.
5. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.
6. At the trial, the trial court shall not be influenced by the prima facie observations made by this Court while enlarging the applicant on bail.
7. Bail before the Lower Court having jurisdiction to try the case. Rule is made absolute. Direct service is permitted.
( M.D.Shah, J ) srilatha Top