Learned counsel appearing for the applicants took this Court through the papers of chargesheet as well as the order passed by the trial Court. He submitted that quarrel took place between both the groups and on accused side also, some persons received injuries and complaint is also lodged against the persons of the complainant side.
On going through the police papers and order passed by the trial Court, it is found that sudden quarrel took place between both the groups and this incident took place. The accused Vitthalbhai was having sickle and other accused persons were having sticks. It is a known fact that in villages normally people have such kind of weapons. As per the complaint, the role attributed to the present applicants-accused is that they caused injury with sticks to the complainant. On going through the medical certificates, it is seen that except Devkuvarben, all received simple injuries. Further, cross cases are filed with regard to this incident and charge sheet is filed in this case.
Heard learned APP for the respondent - State.
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 applicants are ordered to be enlarged on bail in connection with C.R.No.I-112 of 2011 of Botad Police Station, District Bhavnagar for the offences punishable under sections 302, 324, 504, 506(2), 147, 149 and 149 of the Indian Penal Code and Section 135 of the Bombay Police Act, on furnishing bond of Rs.10,000/- (Rupees ten thousand only) each with one surety of the like amount to the satisfaction of the lower Court and on conditions that the applicants 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 for three months;
[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.
If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to take appropriate action in the matter.
At the trial, the trial court shall not be influenced by the prima facie observations made by this Court while enlarging the applicants on bail.
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